The Planning Act

The Planning Act, C.C.S.M. c. P80 (Assented to June 16, 2005) bilingual version (HTML) Table of Contents Section PART 1 INTRODUCTORY PROVISIONS 1 Definitions 1.1 Repealed 2 Application 3 Application to unorganized territory PART 2 PROVINCIAL AND REGIONAL PLANNING DIVISION 1 — PROVINCIAL LAND USE POLICIES 4 Provincial land use policies DIVISION 2 — PLANNING REGIONS 5 Overview 6 Definition of "regional member municipality 7 City of Winnipeg 8 Capital Planning Region continued 9 Minister may establish planning region 10 Referral of proposal to Municipal Board 10.1 Mandate of a planning region 10.2 Planning region powers 10.3 Regional planning by-law 10.4 Process for adopting and amending regional plans 10.5 Review 10.6 Preparation and review of regional plan 10.7 Orders of minister re regional plans 10.8 Effect of regional plan 10.9 Limitation on regional member municipalities 10.10 Repealed 10.11 Planning region is a corporation 10.12 Board of directors 10.13 Composition of board 10.14 Financial contributions 10.15 Annual budget for operations 10.16 Financial records and systems 10.17 Annual report 10.18 By-laws 10.19 Amending or dissolving a planning region 10.20 Role of planning districts 10.21 Regulations DIVISION 3 — SPECIAL PLANNING AREAS 11 Inland Port Special Planning Area 11.1 Repealed 12 Land use within special planning area 12.1 Inland Port Special Planning Authority 12.2 Mandate of a special planning authority 12.3 Composition 12.4 Term of office 12.5 Remuneration 12.6 Chair and vice-chair 12.7 Authority may make rules 12.8 Regulations respecting special planning authorities 12.9 Composition of Inland Port Special Planning Authority 12.10 Chair of the Authority 12.11 Vacancies 12.12 Conflict of interest 12.13 Development agreements as condition 12.14 Cancelling permits or approvals 12.15 Minister may designate person to enforce 12.16 Role of Municipal Board PART 3 PLANNING AUTHORITIES DIVISION 1 — MUNICIPALITIES 13 Role of municipalities DIVISION 2 — PLANNING DISTRICTS 14 Role of planning districts 15 Responsibilities of districts 16 Applications 17 Establishment 18 Corporate status 19 Board to manage affairs 20 First directors 21 Organizational and procedural by-laws 22 Financial contributions 23 Dispute resolution 24 Employees 25 Application for name change 26 Application for alteration or dissolution 27 Requirements 28 Referral to Municipal Board 29 Decision 30 Development plan continues to apply DIVISION 3 — PLANNING COMMISSIONS 31 Planning commissions 32 By-law requirements 33 Decisions by planning commission 34 Notice of decision 35 Appeals 36 Hearings by planning commission 37 Resolutions 38 Deemed hearing 39 Commission must meet all requirements PART 4 PLANS DIVISION 1 — DEVELOPMENT PLANS 40 Development plan required 41 Consistency with provincial land use policies 42 Requirements of development plan 43 Deadline for review 44 Meetings and consultation 45 Adoption 46 Public hearing 47 Submission to minister 48 Notice of second reading 49 Referral to Municipal Board 50 Municipal Board hearing 51 Minister's decision 52 Third reading 53 Notice of adoption 54 By-law not subject to appeal 55 Resolution not to proceed 56 Initiating amendments 57 Amendment process 58 Exception for minor amendments 59 Periodic review 60 Order 61 Minister may amend or replace by-law 62 Policies do not apply 62.1 Application of water statutes 62.2 Water and wastewater infrastructure DIVISION 2 — SECONDARY PLANS 63 Adoption of secondary plans 64 Adoption and amendment process DIVISION 3 — GENERAL 65 Compliance with plans 66 Acquisition and disposal of land 67 Revoking development plan by-law PART 5 ZONING BY-LAWS 68 Zoning by-law required 69 District-wide zoning by-law 70 Exception 71 Zoning by-law requirements 72 Zoning by-laws for livestock operations 72.1 Changes to livestock operations 73 Repealed 73.1 Eligible persons 74 Public hearing 75 Adoption if objections not sufficient 76 Adoption process — planning commission 77 Adoption process — board or council 77.1 Meaning of "planning authority records" 77.2 Notice of referral 77.3 Delayed decision 78 Objections from public authorities 78.1 Application — sufficient objections 79 Notice of adoption 80 Initiating amendments 81 Development agreement as condition 82 Exception for minor amendments 82.1 Appeal of refusal, rejection or conditions 82.2 Repealed 83 Quashing of by-law 84 Effect of zoning by-law on caveats 85 Zoning memorandum may be issued 86 Continuance of lawfully existing non-conformities 87 Certificate of non-conformity 88 Cancellation of permits 89 Limits on construction 90 No increase or change in non-conforming use 91 Discontinuance of non-conforming use 92 Non-conformity may be altered by variance 93 Acquiring non-conforming land or building PART 6 VARIANCES 94 Applicants 95 Planning commissions 96 Public hearing 97 Decision 98 Conditions of order 99 Notice of decision 100 Appeals 101 Expiry of variance order 102 Authority re minor variances PART 7 CONDITIONAL USES DIVISION 1 — GENERAL CONDITIONAL USES 103 Approval required 104 Planning commissions 105 Public hearing 106 Decision 107 Conditions on livestock operations 108 Notice of decision 109 No appeal 110 Expiry of approval 110.1 Minor change for large-scale livestock operation DIVISION 2 — LARGE-SCALE CONDITIONAL USE LIVESTOCK OPERATIONS 111 Application 112 Minister to receive copy of application 113 Appointment of Technical Review Committees 114 Hearing date 115 Hearing 116 Decision 117 Notice of decision 118 No development until all approvals obtained DIVISION 3 — APPEALS CONCERNING AGGREGATE QUARRIES AND LARGE-SCALE LIVESTOCK OPERATIONS 118.1 Definitions 118.2 Right to appeal 118.3 Appeal hearing 118.4 Decision of Municipal Board 118.5 Effect of decision PART 8 SUBDIVISION CONTROL 119 Definitions 120 Board as approving authority 120.1 Approving authority for Brandon 121 Approval required for subdivision 122 Unregistered instrument effecting subdivision 123 Restriction on approvals 124 Application for subdivision approval 125 Review by council 125.1 Minor subdivisions 125.2 Notice of council decisions for minor subdivisions 125.3 If no decision within specified time 126 Decision of approving authority 126.1 Council acting as approving authority 127 Conditional approval valid for 2 years 128 Revoking a conditional approval 129 Right to appeal 130 Appeal hearing 131 Decision of Municipal Board 131.1 Repealed 132 Certificate of approval 133 Six-month wait before applying again 134 Repealed 135 Conditions of approval 136 Payment of money 137 Errors in approvals or plans 137.1 Repealed 137.2 Prohibition — advertising future school buildings 137.3 Offence 138 Uses of public reserve land 138.1 Definition of "eligible grantee" 139 Closing public reserve land 140 Money in place of reserve land 141 Money in place of school lands 142 By-laws establishing fees and charges 143 Levies established by by-law 144 Obsolete plans of subdivision 145 Application for order cancelling or amending registered plan 146 Subdivision regulations PART 9 DEVELOPMENT REQUIREMENTS 147 Development permit required 148 Decision on development permit 149 Number of dwelling units 149.1 Not yet proclaimed 149.2 Appeals re development permits 150 Development agreements 150.1 Development agreements for affordable housing 151 Registering development agreements 151.0.1 Failing to conclude development agreement 151.0.2 Application to amend a development agreement 151.0.3 Appeals re development agreement 151.0.4 Repealed 151.1 Conforming construction agreements PART 10 NORTHERN MANITOBA 152 Definitions 153 Application to Northern Manitoba 154 Incorporated communities 155 Unincorporated areas 156 Delegation of minister's authority 157 Municipal Board 158 Land use control may be adopted 159 Modified adoption process 160 Filing requirement 161 Transitional provisions apply 162 Approving authority PART 11 NOTICES, HEARINGS AND DECISIONS DIVISION 1 — NOTICES 163 Sending notice 164 Alternate service 165 Notice for written submissions 166 Notice of hearing 167 Contents of notice 168 Notice re planning districts, development plans and zoning by-laws 169 Notice re certain applications 170 Posting requirements 171 Inspection of documents DIVISION 2 — HEARINGS 172 Conduct of hearing 173 Representations 174 Combined hearings DIVISION 3 — DECISIONS 174.1 Reasons to be provided PART 12 ENFORCEMENT 175 Inspection and enforcement 176 Requirements 177 Warrant 178 Order to remedy contravention 179 Remedying contraventions 180 Injunction PART 12.1 OFFENCES AND PENALTIES 181 Offences 182 General penalty 183 Time limit for prosecution PART 13 MISCELLANEOUS PROVISIONS 184 Designated employees and officers 185 Third reading deadline does not apply 186 Records of planning regions and planning districts 187 Limited restrictions on livestock operations 188 Alteration of boundaries 189 Duties of minister 190 Repealed 191 Conflicts 192 Protection from liability 193 Regulations PART 14 TRANSITIONAL 194 Definitions 195 Planning districts continued 196 Development plan by-law continues 197 Zoning by-law continues 198 By-laws and decisions continue 199 Permits and orders continue 200 Agreements and contracts continue 201 Development plan by-law deadline 202 Zoning by-law deadline 203 Extension of deadline 204 Applications before Act in force 205 Transitional approval requirements 206 Approval required 207 General development approval 208 Small livestock operation approval 209 Large livestock operation approval 210 Subdivision applications 211 Transitional regulations PART 15 CONSEQUENTIAL AND CONDITIONAL AMENDMENTS 212-216 Consequential amendments to other Acts 217 Conditional amendment PART 16 REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE 218 Repeal 219 C.C.S.M. reference 220 Coming into force HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: PART 1 INTRODUCTORY PROVISIONS Definitions 1(1) The following definitions apply in this Act. "board" means the board of a planning district. (« commission ») "building" includes a well, pipe line, conduit, cut, excavation, fill, transmission line and any structure or erection, and any part of any of those things, and also includes an addition to or extension of any building or any of those things and a chattel that is attached to, or installed in or on, any building or any of those things. (« bâtiment ») "conditional use" means a use of land or a building that may be permitted under a zoning by-law. (« usage conditionnel ») "construction" includes (a) excavating, removing, filling and backfilling for the purpose of preparing or maintaining a site in respect of a building or a proposed building; (b) erecting, extending, enlarging, placing, removing, locating and demolishing a building; (c) altering, renovating and reconstructing a building; (d) moving a building from one site to another; and (e) underpinning the foundation of a building. (« construction ») "council" means (a) the council of a municipality; and (b) the resident administrator of a local government district. (« conseil ») "designated employee or officer" means an employee or officer of a planning region, planning district or municipality who is designated to carry out a power or responsibility in accordance with section 184. (« employé ou dirigeant désigné ») "development" means (a) the construction of a building on, over or under land; (b) a change in the use or intensity of use of a building or land; (c) the removal of soil or vegetation from land; and (d) the deposit or stockpiling of soil or material on land and the excavation of land. (« mise en valeur ») "development plan by-law" means a by-law adopting a development plan for a planning district or municipality under Part 4, and includes a development plan by-law prescribed for a special planning area under Division 3 of Part 2. (« règlement portant sur un plan de mise en valeur ») "inland port area" means the inland port area as described in the Schedule to The CentrePort Canada Act . (« zone intermodale ») "land" means land, messuages, tenements and hereditaments, whether corporeal and incorporeal, of every kind and description, whatever the estate or interest therein, whether legal or equitable, and all trees and timber thereon, and all mines, minerals, and quarries, unless specially excepted. (« bien-fonds ») "livestock operation" means a permanent or semi-permanent facility or non-grazing area where at least 10 animal units of livestock are kept or raised either indoors or outdoors, and includes all associated manure collection facilities, but does not include an auction mart. (« exploitation de bétail ») "livestock operation policy" means a livestock operation policy contained in a development plan by-law. (« politique en matière d'exploitation de bétail ») "minister" , except in Part 10 (Northern Manitoba), means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre ») "municipality" means a city, town, village, rural municipality, local government district or other municipal organization formed or continued under The Municipal Act . (« municipalité ») "Northern Manitoba" means Northern Manitoba as defined in The Northern Affairs Act . (« Nord du Manitoba ») "owner" , in relation to property, means a person who is the owner of a freehold estate in the property, and includes (a) a person who is an owner with another person as joint tenant or tenant in common of a freehold estate; (b) a person who is the registered owner of a unit under The Condominium Act ; and (c) a real owner, as defined in subsection 1(1) of The Municipal Assessment Act . (« propriétaire ») "parcel of land" means the aggregate of all land described in any manner in a certificate of title. (« parcelle de bien-fonds ») "place" , in relation to a meeting or hearing conducted by means of an electronic or other communication facility, includes the electronic or other communication facility. (« lieu ») "planning commission" means a planning commission established under Part 3. (« commission d'aménagement du territoire ») "planning district" means a planning district established under Part 3. (« district d'aménagement du territoire ») "planning region" means the following: (a) the Capital Planning Region; (b) any other prescribed planning region. (« région d'aménagement du territoire ») "prescribed" means prescribed by regulation. (Version anglaise seulement) "property" means land and improvements on land, and includes (a) an interest in land or an improvement on land; and (b) air, surface and subsurface rights and interests in respect of land. (« propriété ») "public road" has the same meaning as highway under subsection 1(1) of The Highway Traffic Act . (« voie publique ») "regional planning board" means the board of directors of a planning region. (« conseil régional d'aménagement du territoire ») "regional planning by-law" means a by-law of a planning region that adopts or amends its regional plan under section 10.4. (« règlement régional d'aménagement du territoire ») "regulation" means a regulation made under this Act. (« règlement ») "school building" means a school building as defined in subsection 1(1) of The Public Schools Act . (« bâtiment scolaire ») "school division" means a school division as defined in subsection 1(1) of The Public Schools Act but does not include the francophone school division. (« division scolaire ») "school site" means a school site as defined in subsection 1(1) of The Public Schools Act . (« emplacement scolaire ») "secondary plan by-law" means a by-law adopting a secondary plan for a planning district or municipality under Part 4, and includes a secondary plan by-law prescribed for a special planning area under Division 3 of Part 2. (« règlement portant sur un plan secondaire ») "sensitive land" includes (a) land that is susceptible to flooding, permafrost, erosion or that has unstable slopes or poor drainage; (b) areas of special significance for animal, bird or plant life, including wetlands, forests and nesting areas; and (c) land on which any development is likely to harm ecological diversity. (« bien-fonds sensible ») "special planning area" means a special planning area established under section 11. (« circonscription spéciale d'aménagement du territoire ») "special planning authority" means a special planning authority established under section 12.1. (« autorité responsable d'une circonscription spéciale d'aménagement du territoire ») "subdivision" means the division of land by an instrument, including (a) a plan of subdivision, conveyance, deed, mortgage or grant; or (b) an agreement granting or extending a use of or right in land, directly or indirectly or by an entitlement to renewal, for a period of 21 years or more; but not including a lease respecting only floor space in a building. (« lotissement ») "unorganized territory" means any part of the province that is not in a municipality or in Northern Manitoba. (« territoire non organisé ») "zoning by-law" means a by-law adopted by a board or council under Part 5, and includes a zoning by-law prescribed for a special planning area under Division 3 of Part 2. (« règlement de zonage ») Reference to "Act" includes regulations 1(2) In this Act, a reference to "this Act" includes the regulations made under this Act. 1(3) [Repealed] S.M. 2021, c. 36, s. 2 . S.M. 2011, c. 30, Sch. A, s. 305 ; S.M. 2011, c. 36, s. 12 ; S.M. 2011, c. 38, s. 7 ; S.M. 2015, c. 26, s. 2 ; S.M. 2021, c. 36, s. 2 ; S.M. 2021, c. 46, s. 14 ; S.M. 2021, c. 36, s. 2 . 1.1 [Repealed] S.M. 2007, c. 22, s. 2 ; S.M. 2018, c. 14, s. 2 . Application 2 Subject to Part 10 (Northern Manitoba), this Act applies to the entire province except (a) the City of Winnipeg, unless this Act specifically provides otherwise; and (b) land designated as a provincial park under The Provincial Parks Act . Application to unorganized territory 3 When this Act is applied to land in unorganized territory, (a) the unorganized territory is deemed to be a municipality; and (b) the minister is deemed to be the council of the municipality. PART 2 PROVINCIAL AND REGIONAL PLANNING DIVISION 1 PROVINCIAL LAND USE POLICIES Provincial land use policies 4(1) The Lieutenant Governor in Council may, by regulation, establish provincial land use policies to guide sustainable land use and development in the province. Application to Winnipeg 4(2) Provincial land use policies apply to the City of Winnipeg. Contents of policies 4(3) Provincial land use policies may contain a series of goals and policies that deal with (a) urban, rural and regional development in the province, including residential, agricultural, commercial, industrial, institutional and recreational development; (b) the protection and enhancement of (i) the environment, including water sources, sensitive lands, renewable resources and areas of natural or historic significance, (ii) the transportation system and other infrastructure, and (iii) mineral development; and (c) any other matter the Lieutenant Governor in Council considers advisable. DIVISION 2 PLANNING REGIONS Overview 5 This Division provides for planning regions. S.M. 2021, c. 36, s. 3 . DEFINITIONS AND APPLICATION Definition of "regional member municipality" 6 In this Division, "regional member municipality" means one or more of the municipalities included in a planning region. S.M. 2021, c. 36, s. 3 . City of Winnipeg 7 For certainty, this Division applies to The City of Winnipeg. S.M. 2021, c. 36, s. 3 . FORMATION OF PLANNING REGION 8(1) [Repealed] S.M. 2025, c. 4, s. 2 . Capital Planning Region continued 8(2) The Capital Planning Region is hereby continued and, subject to the regulations, consists of the territory within the boundaries of the following municipalities: (a) the City of Winnipeg and the City of Selkirk; (b) the Town of Niverville and the Town of Stonewall; (c) the Village of Dunnottar; (d) the Rural Municipalities of Cartier, East St. Paul, Headingley, Macdonald, Ritchot, Rockwood, Rosser, Springfield, St. Andrews, St. Clements, St. Francois Xavier, Taché and West St. Paul. Change of membership 8(3) The council of a municipality may, by resolution, request to become a regional member municipality of the Capital Planning Region or to withdraw from the Capital Planning Region. The council must send a copy of the resolution to the minister. Public hearing 8(4) Before passing a resolution on membership in the Capital Planning Region, a council must hold a public hearing to receive representations from any person on the proposed action to become a member of or to withdraw from the planning region and give notice of the hearing in accordance with section 168. Timing of withdrawal request 8(5) If the council proposes to withdraw from the Capital Planning Region, the public hearing must be held and the resolution must be sent to the minister within 180 days after the day that the Capital Planning Region gives written notice of its initiating a review of its regional planning by-law under subsection 10.5(3). Changing membership by regulation 8(6) The minister may, by regulation, change the membership of the Capital Planning Region to give effect to a resolution received under this section. S.M. 2021, c. 36, s. 3 ; S.M. 2025, c. 4, s. 2 . Minister may establish planning region 9(1) The minister may, by regulation, establish a planning region for any other region of the province (a) to enhance economic and social development of the region; and (b) to improve sustainable land use planning and coordination of planning within the region and across the province. Considerations and consultations when forming planning region 9(2) In determining whether to establish a planning region, the minister must (a) have regard for (i) the economic and social integration of the region, and (ii) the need to include at least one area that has sufficient population density, infrastructure and services to serve as the centre of the region; and (b) consult with the council of each municipality proposed to be included in the planning region. Contiguous municipalities 9(3) When establishing a planning region, the municipalities to be included must be contiguous. Name and boundaries 9(4) A planning region regulation must include the name of the region and establish its boundaries. S.M. 2021, c. 36, s. 3 ; S.M. 2025, c. 4, s. 3 . Referral of proposal to Municipal Board 10(1) The minister may refer to the Municipal Board a proposal concerning the establishment of a planning region that the minister or two or more municipalities have prepared. Content of proposal 10(2) A proposal must set out (a) the municipalities that are to be included in the region; (b) the boundaries of the proposed region; and (c) the reasons why the proposal meets the criteria under subsection 9(1). Consultation and hearing 10(3) After a proposal has been referred, the Municipal Board must (a) within 120 days after the referral, hold public hearings in at least two locations in the region to receive representations on the proposed planning region; and (b) give public notice of the hearings in accordance with section 168. Recommendation to minister 10(4) After the hearings are held, the Municipal Board must make a recommendation to the minister on the proposal within 60 days after the last hearing. S.M. 2021, c. 36, s. 3 ; S.M. 2026, c. 26, s. 2 . MANDATE Mandate of a planning region 10.1(1) The mandate of a planning region is to enhance economic and social development by improving and coordinating sustainable land use and development in the region through (a) adopting a regional plan; (b) facilitating and promoting regional considerations in providing infrastructure and services; (c) leading the development of regional responses to the planning issues of its regional member municipalities; and (d) identifying and promoting opportunities for the regional member municipalities to cooperate in the cost-effective development of infrastructure and the provision of services on a regional basis. Related activities 10.1(2) In carrying out its mandate, a planning region may, with the agreement of a regional member municipality, do the following: (a) administer and enforce the development plan by-law of the municipality; (b) administer and enforce (i) any secondary plan by-law of the municipality, (ii) the zoning by-law of the municipality, (iii) the building by-laws of the municipality, or (iv) the by-laws of the municipality dealing with minimum standards of maintenance and occupancy of buildings. S.M. 2021, c. 36, s. 3 . Planning region powers 10.2(1) For the purpose of carrying out its mandate, a planning region has the capacity and powers of a natural person. General powers 10.2(2) Subject to any restrictions specified in the regulations, a planning region may (a) for the purpose of implementing its regional plan, acquire and hold any interest in real property; (b) acquire and hold personal property; (c) sell, mortgage, lease or otherwise deal with or dispose of any interest in real or personal property; (d) receive, expend, loan and invest money; (e) borrow money and give security for the repayment of money borrowed; and (f) exercise any other powers that are necessary to carry out its mandate. 10.2(3) [Repealed] S.M. 2026, c. 26, s. 3 . Agreements 10.2(4) Without limitation, a planning region may enter into an agreement with a person or organization respecting development of land within the region. S.M. 2021, c. 36, s. 3 ; S.M. 2026, c. 26, s. 3 . REGIONAL PLANS Regional planning by-law 10.3(1) A regional planning board must prepare and adopt an initial regional plan as soon as practicable after the planning region is established, or by the prescribed date, if a date is prescribed. Requirements for regional plan 10.3(2) A regional plan must contain plans and policies respecting (a) the physical, social, environmental, economic and fiscal objectives for the region for at least a 30-year time span; (b) sustainable land use and development in the region, having regard to the need (i) for major commercial and industrial development, (ii) to protect agricultural land and agricultural operations, (iii) for residential development and housing, (iv) for regional parks and other regional recreational opportunities, (v) to protect against flooding, other hazards and nuisances, and (vi) to respond to the effects of climate change; (c) the provision of infrastructure, services and facilities within the region, including drinking water, wastewater, storm water, drainage, solid waste, recycling, transportation, transit and emergency services; (d) the protection, management and enhancement of the environment within the region, including its water sources, water quality and quantity, sensitive and natural lands, renewable resources, mineral resources and areas of natural, rare or historic significance; (e) the coordination of planning and development by regional member municipalities; (f) measures for implementing the plan; and (g) any other prescribed matter. Maps and statement of objectives 10.3(3) A regional plan must include maps and statements of objectives to provide direction concerning the plans and policies contained in the regional plan. Consistency with provincial land use policies 10.3(4) A regional plan must be generally consistent with provincial land use policies. S.M. 2021, c. 36, s. 3 ; S.M. 2025, c. 4, s. 4 . Process for adopting and amending regional plans 10.4(1) A planning region must adopt, and make any amendments to, its regional plan by by-law in accordance with the regulations and the procedures of the planning region. Process to be based on development plans of planning districts 10.4(2) The process for adopting or amending a regional planning by-law must be generally consistent with the process that applies in respect of a planning district adopting or amending its development plan by-law. Ministerial approval 10.4(3) A regional planning by-law is subject to the approval of the minister. Initiating amendments to a regional planning by-law 10.4(4) In accordance with the regulations, the minister, a planning region or a regional member municipality may initiate an amendment to a regional planning by-law. Regional plan not subject to appeal 10.4(5) Once adopted, a regional planning by-law is binding on all persons and is not subject to appeal. Compliance with plans 10.4(6) The adoption of a regional planning by-law does not require the regional planning board, the council of a regional member municipality or any other person or government agency or department to undertake a proposal contained in the by-law. S.M. 2021, c. 36, s. 3 . Review 10.5(1) A regional planning board must review its regional planning by-law (a) when required to do so by an order made under subsection (2); and (b) at least once within 10 years after each re-enactment or replacement of the by-law. Minister's order to review 10.5(2) After consulting with the regional planning board, the minister may, in writing, order the regional planning board to review the regional planning by-law or to pass a by-law to re-enact or replace it within a time specified in the order. The minister may, by further order, extend the time specified. Timing and notice of review 10.5(3) The review period for the regional planning by-law must be for at least two years, and the regional planning board must give written notice of the initiation of the review to (a) the minister; (b) each regional member municipality; (c) each planning district that includes a municipality that (i) is a regional member municipality, or (ii) is adjacent to a regional member municipality; and (d) every other municipality that is adjacent to the planning region. Manner of review 10.5(4) A regional planning board must conduct the review of its regional planning by-law in the manner set out in the regulations. S.M. 2021, c. 36, s. 3 ; S.M. 2025, c. 4, s. 5 . Preparation and review of regional plan 10.6 A regional planning board must employ the services of an individual who is a registered professional planner, as defined in The Registered Professional Planners Act , when preparing and reviewing its regional planning by-law. S.M. 2021, c. 36, s. 3 . Orders of minister re regional plans 10.7(1) After consulting with a planning region, the minister may order it to adopt or amend its regional planning by-law within a time specified in the order. Minister may order, amend or replace plan by-law 10.7(2) The minister may prepare a regional planning by-law or an amendment to the by-law if the planning region (a) fails to comply with an order under subsection (1); or (b) fails to conduct a review of its regional plan as required under the regulations. Referral to Municipal Board 10.7(3) The minister may refer to the Municipal Board a regional planning by-law or an amendment to the by-law that the minister has prepared. Consultation and hearing 10.7(4) After a by-law or an amendment to a by-law has been referred, the Municipal Board must (a) within 120 days after the referral, hold a public hearing to receive representations on the by-law or amendment; and (b) give notice of the hearing in accordance with section 168. Recommendation to minister 10.7(5) After holding the hearing, the Municipal Board must make a recommendation to the minister on the matter referred within 60 days after the hearing. LG in C may order adoption 10.7(6) On recommendation of the minister, the Lieutenant Governor in Council may, by order, (a) adopt the regional planning by-law for a planning region; or (b) adopt an amendment to the regional planning by-law for a planning region. Effect of order 10.7(7) An order made under subsection (6) has the effect of enacting the regional planning by-law for a planning region or amending the existing regional planning by-law as if it were enacted or amended by the planning region. S.M. 2021, c. 36, s. 3 ; S.M. 2026, c. 26, s. 4 . Effect of regional plan 10.8(1) A regional member municipality must ensure that the following are not inconsistent with the regional planning by-law for its region: (a) its development plan by-law; (b) any secondary plan by-law it has adopted; (c) its zoning by-law; (d) in the case of a regional member municipality of the Capital Planning Region, its drinking water and wastewater management plan prepared under section 62.2. Three-year transition for by-laws 10.8(2) After its planning region has adopted a regional planning by-law and within three years after the by-law has come into force, each regional member municipality must review its by-laws to ensure that they are not inconsistent with the applicable regional planning by-law. Exception for bringing plans into alignment 10.8(3) Section 58 (exception for minor amendments) applies, with necessary changes, in respect of an amendment to a development plan by-law that is made to ensure that it is not inconsistent with a regional planning by-law. S.M. 2021, c. 36, s. 3 ; S.M. 2026, c. 26, s. 5 . Limitation on regional member municipalities 10.9(1) The council of a regional member municipality must not (a) give third reading to a development plan by-law, secondary plan by-law or zoning by-law that is inconsistent with a regional planning by-law; or (b) approve or give conditional approval to a subdivision or other development that is inconsistent with a regional plan. Pending applications not subject to regional planning by-law 10.9(2) On or after the day the planning region adopts its regional planning by-law, any application that has been made to or is pending before a designated employee or officer, a board, a council or a planning commission, but not finally disposed of, before the day the by-law comes into force is not subject to subsection (1). S.M. 2021, c. 36, s. 3 ; S.M. 2026, c. 26, s. 6 . 10.10 [Repealed] S.M. 2021, c. 36, s. 3 ; S.M. 2026, c. 26, s. 7 . ADMINISTRATIVE MATTERS Planning region is a corporation 10.11(1) A planning region is a corporation without share capital consisting of the members of its board of directors from time to time. Application of Corporations Act 10.11(2) Subject to the regulations, The Corporations Act does not apply to a planning region. S.M. 2021, c. 36, s. 3 . Board of directors 10.12 The regional planning board is responsible for managing, or supervising the management of, the business and affairs of the planning region in accordance with its mandate. S.M. 2021, c. 36, s. 3 . Composition of board 10.13(1) The composition of a regional planning board is to be determined by regulation and is to include at least one director from each of the regional member municipalities. Appointments continue 10.13(2) A director continues to hold office until they are re-appointed, the appointment is revoked or their successor is appointed. Vacancy does not impair board's powers 10.13(3) A vacancy in the membership of a regional planning board does not impair the capacity of the remaining members of the board to act. S.M. 2021, c. 36, s. 3 . FINANCIAL MATTERS Financial contributions 10.14(1) The regional member municipalities must agree on the amount or proportion of funding that each member municipality is to contribute to meet the expenses of the planning region. If no agreement 10.14(2) The minister must prescribe the amount or proportion of funding that each member municipality must contribute to meet the expenses of the planning region if an agreement under subsection (1) is not reached within the time specified by the minister. S.M. 2021, c. 36, s. 3 . Annual budget for operations 10.15(1) A regional planning board must prepare an annual budget with respect to its operations and submit a copy of its budget to each regional member municipality and the minister. Fiscal year 10.15(2) The fiscal year of a planning region is the calendar year. S.M. 2021, c. 36, s. 3 . Financial records and systems 10.16(1) A planning region must establish financial management and information systems to enable it to prepare financial statements in accordance with generally accepted accounting principles as set out in the CPA Canada Standards and Guidance Collection (CPA Canada Handbooks) published by Chartered Professional Accountants of Canada. Auditor 10.16(2) The regional planning board must appoint an independent auditor to audit the records, accounts and financial transactions of the planning region each year. Records to be publicly available 10.16(3) The regional planning board must make its annual budget and annual audit available by publishing them on a publicly accessible website. S.M. 2021, c. 36, s. 3 . Annual report 10.17 A regional planning board must prepare an annual report on its operations within six months after the end of each fiscal year, and must provide a copy of the annual report to each regional member municipality and the minister. S.M. 2021, c. 36, s. 3 . BY-LAWS By-laws — administrative matters 10.18(1) A regional planning board must make by-laws (a) respecting procedures of the board and the conduct of its affairs, including (i) the calling of meetings, including notice of meetings, (ii) the conduct of meetings and hearings, including rules of procedure, and (iii) the keeping of minutes and the recording of by-laws; (b) establishing a code of conduct and a conflict of interest policy for the directors, officers and employees of the planning region. By-laws — additional matters 10.18(2) The regional planning board may make by-laws (a) establishing fees and charges for services it provides; (b) providing for the remuneration of directors; (c) providing for the indemnification of its directors and officers; (d) respecting any other matter the board considers advisable for the convenient and efficient carrying out of the mandate of the planning region. By-laws inconsistent with Acts 10.18(3) A by-law of a planning region that is inconsistent with an enactment in force in the province is of no effect to the extent of the inconsistency. S.M. 2021, c. 36, s. 3 . AMENDMENT OR DISSOLUTION OF PLANNING REGION BOUNDARIES Amending or dissolving a planning region 10.19(1) The minister may, by regulation, (a) change the boundaries of a planning region so that a municipality is or is no longer a regional member municipality; (b) dissolve a planning region if the minister is satisfied that the planning region is not enhancing the economic and social development of the region by improving and coordinating sustainable land use and development. Distribution of assets and liabilities 10.19(2) If the boundaries of a planning region are changed or the planning region is dissolved, the planning region and the respective regional member municipalities must make every reasonable effort to reach an agreement regarding the fair and equitable allocation of the rights and property, debts, obligations and liabilities of the planning region. Action by minister 10.19(3) If the parties are unable to reach an agreement, the minister may, after consulting with the regional planning board and regional member municipalities, determine the allocation. S.M. 2021, c. 36, s. 3 ; S.M. 2025, c. 4, s. 6 . ROLE OF PLANNING DISTRICTS Application 10.20(1) This section applies to a planning district if a municipality that is a member of the planning district is also a regional member municipality. Effect of regional plan 10.20(2) A planning district must ensure that the following are not inconsistent with the regional planning by-law that applies in respect of the regional member municipality: (a) its development plan by-law; (b) any secondary plan by-law it has adopted; (c) the district's own zoning by-law, if it has adopted a district-wide zoning by-law under section 69; (d) in the case of a planning district that includes one or more regional member municipalities of the Capital Planning Region, its drinking water and wastewater management plan prepared under section 62.2. Subsections 10.8(2) and (3) and section 10.9 apply, with necessary changes, to the planning district. Administration and enforcement of by-laws 10.20(3) A planning region and a planning district may enter into an agreement for the planning region to perform the planning district's role in administering and enforcing (a) the development plan by-law for the entire district under clause 14(a); or (b) the by-laws referenced in clause 14(b). Costs 10.20(4) Any costs incurred by the planning region in respect of an agreement under subsection (3) must be paid by the planning district and are not to be included in the amounts determined under subsection 10.15(1). Amendments to a regional plan 10.20(5) In addition to those persons or entities referenced in subsection 10.4(4), a planning district may initiate an amendment to an applicable regional plan. S.M. 2021, c. 36, s. 3 ; S.M. 2026, c. 26, s. 8 . REGULATIONS Regulations 10.21(1) The minister may make regulations (a) prescribing the number, or the method of determining the number, of members to be appointed to a regional planning board, the manner in which they may be appointed and any eligibility criteria and qualifications to be met by them; (b) prescribing the time and manner in which vacancies on a regional planning board are to be filled; (c) prescribing term limits for members of a regional planning board; (d) specifying the member who is to serve as the chair or the vice-chair of a regional planning board, or the manner in which the chair or vice-chair may be determined; (d.1) for the purpose of subsection 8(6), changing the municipalities in the Capital Planning Region; (d.2) for the purpose of subsection 9(1), prescribing a municipality to be a regional member municipality of a planning region; (e) establishing the voting structure for the planning region, including providing that the votes of the respective regional member municipalities be weighted in approximate proportion to their relative populations, land values, degree of development activities or any other factor considered relevant by the minister; (f) prescribing quorum for the purpose of a regional planning board; (g) prescribing matters that must be addressed in a regional planning by-law; (g.1) for the purpose of subsection 10.3(1), prescribing the date by which a regional planning board must prepare and adopt its initial regional plan; (h) prescribing the time and manner in which the regional planning board is to review its regional planning by-law; (i) respecting the process to be followed by the regional planning board in adopting, reviewing or repealing its regional planning by-law; (j) respecting the making of applications to amend a regional planning by-law, including the process to be followed in considering applications and approving, refusing or rejecting applications; (k) respecting appeals of decisions made in respect of the matters described in clause (i) or (j), including designating the Municipal Board or another entity to hear and decide the appeal; (l) respecting the form and manner in which an appeal must be made, the time within which an appeal must be made and the consequences of not making an appeal in accordance with the regulations; (m) respecting procedures and notice requirements for the hearing of appeals and other matters if a planning region enters into an agreement under subsection 10.1(2) or 10.20(3); (n) prescribing the amount or the portion of the amount required for the operation of a planning region that is to be paid by each regional member municipality, or the manner in which the portion may be determined; (o) respecting information a planning region must make public, and the manner in which the information is to be made public; (p) respecting the extent to which The Corporations Act applies to a planning region; (q) respecting transitional matters when land in an area of a municipality is prescribed to be in a planning region; (q.1) for the purpose of section 10.19, respecting (i) changing the boundaries of a planning region, or (ii) the dissolution and winding up of a planning region; (q.2) respecting any difficulty resulting from a change in the boundaries of a planning region or the dissolution of a planning region; (r) respecting any other matter the minister considers necessary or advisable for effective and efficient land use planning in a planning region. Application of regulations 10.21(2) A regulation under this Division may be general or particular in its application. S.M. 2021, c. 36, s. 3 ; S.M. 2025, c. 4, s. 7 . DIVISION 3 SPECIAL PLANNING AREAS ESTABLISHMENT Inland Port Special Planning Area 11(1) The area of the Rural Municipality of Rosser that is in the inland port area is hereby established as the Inland Port Special Planning Area. Regulations re special planning area 11(2) The Lieutenant Governor in Council may make regulations prescribing (a) additional land within the inland port area to be included in the Inland Port Special Planning Area; (b) any other area of the province to be a special planning area if the area has a special regional or provincial significance. Name and boundaries 11(3) A regulation establishing a special planning area must name the area and set out its boundaries. Consultation required 11(4) Before a regulation is made establishing a special planning area, the minister must consult with the board of every planning district and the council of every municipality whose area includes land that is proposed to come within the special planning area. S.M. 2015, c. 26, s. 3 . 11.1 [Repealed] S.M. 2012, c. 22, s. 2 ; S.M. 2015, c. 26, s. 3 . REGULATING LAND USE IN SPECIAL PLANNING AREAS Land use within special planning area 12(1) The minister (a) may, by a regulation made under clause (5)⁠(a), adopt the development plan by-law, zoning by-law and all other by-laws respecting land use in a special planning area; and (b) is responsible for the administration and enforcement of those by-laws. No overlapping by-laws 12(2) Once an area is included in a special planning area, any development plan by-law, zoning by-law or other by-law respecting land use that was adopted by a board or council ceases to apply to land in the area. Jurisdiction that remains unchanged 12(3) Land within a special planning area remains subject to the jurisdiction of the applicable municipality, or the planning district whose membership includes the municipality, in respect of (a) building by-laws and by-laws dealing with minimum standards of maintenance and occupancy of buildings; and (b) the following provisions of this Act: (i) sections 136 and 138 to 141 (public reserves), (ii) section 143 (development levies), (iii) section 147 and subsections 148(1) and (2) (development permits), (iv) a prescribed provision. Minister is approving authority re subdivisions 12(4) For certainty, (a) the minister is the approving authority for the subdivision of land in a special planning area; and (b) regulations made under section 146 (subdivision regulations) do not apply to a special planning area. Regulations for land use in a special planning area 12(5) The minister may make regulations respecting land use planning for special planning areas, including regulations (a) adopting a development plan by-law, one or more secondary plan by-laws and a zoning by-law for a special planning area;

(b) respecting the process to be followed in making, reviewing or repealing a by-law adopted under clause (a), including the process to be followed if there is an objection; (c) respecting the making of applications to amend a development plan by-law, a secondary plan by-law or a zoning by-law, including who is eligible to make such an application, and the process to be followed in considering applications and approving, refusing or rejecting applications; (d) providing for the consideration and determination of applications for variances and conditional uses in respect of a zoning by-law for a special planning area; (e) respecting appeals of decisions made in respect of the matters described in clause (c) or (d), including designating a special planning authority, the Municipal Board or another entity to hear and decide the appeal; (f) respecting the form and manner in which an appeal must be made, the time within which an appeal must be made and the consequences of not making an appeal in accordance with the regulations; (g) respecting the issuance of zoning memoranda in respect of zoning in a special planning area; (h) respecting the approval of the subdivision of land, and the cancellation of plans of subdivision, in a special planning area, including the making of subdivision applications and the process to be followed in considering subdivision applications and approving, refusing or rejecting subdivision applications; (i) respecting conditions that may be imposed on an approval, including who may impose conditions; (j) respecting the terms and conditions that may be included in development agreements entered into with the government; (k) respecting notice to be given in respect of land use matters within a special planning area, including who must give notice, the manner in which notices are to be given and when, and to whom, notice must be given; (l) prescribing fees, costs and other amounts charged or payable in respect of land use matters within the area, or the manner of calculating them; (m) requiring the payment, and permitting the waiver and refund, of fees, costs and other amounts; (n) respecting provisions of this Act that, in regard to land in a special planning area, remain within the jurisdiction of a planning district or municipality; (o) respecting the application, addition, change or substitution of a provision of this or another Act to a special planning area; (p) respecting transitional matters when land in an area of a planning district or municipality is prescribed to be in a special planning area; (q) respecting any other matter the minister considers necessary or advisable for effective and efficient land use planning in a special planning area. Regulations may authorize different process for minor matters 12(6) A regulation under subsection (5) may provide a different process for considering and approving a minor subdivision of land or a minor amendment to the development plan by-law, a secondary plan by-law or zoning by-law for correcting an error or omission in such a by-law. Impact of regional plans 12(7) If a special planning area is within a planning region, the minister must take reasonable measures to ensure that land use planning for the special planning area is coordinated with the regional planning of the planning region. S.M. 2015, c. 26, s. 3 ; S.M. 2021, c. 36, s. 4 . PLANNING AUTHORITIES FOR SPECIAL PLANNING AREAS General Inland Port Special Planning Authority 12.1(1) The Inland Port Special Planning Authority is hereby established. Establishment of other special planning authorities 12.1(2) A special planning authority must be established by regulation for each special planning area. S.M. 2015, c. 26, s. 3 . Mandate of a special planning authority 12.2(1) The mandate of a special planning authority is, in respect of its special planning area, (a) to hold hearings to consider (i) the adoption of, or an amendment to, a development plan by-law, a secondary plan by-law or a zoning by-law, (ii) subdivision applications, if the proposed subdivision will result in the creation of a new public road, and (iii) the declaration of an obsolete plan of subdivision; (b) to hear and decide appeals respecting applications for variances and for conditional uses referred to the authority in accordance with the regulations; (c) to advise and assist the minister on matters affecting land use planning within the area; and (d) to perform any other duties assigned to it by the minister. Report to minister 12.2(2) After holding a hearing on a matter set out in clause (1)⁠(a), the special planning authority must provide the minister with a report on the hearing that includes the minutes of the hearing, the record of all representations made at the hearing and its recommendations on the matter considered at the hearing. Decision not subject to appeal 12.2(3) A decision of a special planning authority on an appeal of a variance or a conditional use is final and not subject to further appeal. Assistance from minister 12.2(4) If requested, the minister may provide a special planning authority with advice and technical support to assist it in carrying out its mandate. Authority is to act in accordance with regulations 12.2(5) In carrying out its mandate, a special planning authority is to act in accordance with the regulations. S.M. 2015, c. 26, s. 3 . Composition 12.3(1) A special planning authority other than the Inland Port Special Planning Authority must consist of at least three members appointed by the Lieutenant Governor in Council, and they may or may not be members of a board or council. Reader's aid 12.3(2) The composition of the Inland Port Special Planning Authority is found in section 12.9. S.M. 2015, c. 26, s. 3 . Term of office 12.4(1) The term of office for a member of a special planning authority is three years, unless the order appointing the member provides for a shorter term. Term continues 12.4(2) A member whose term expires continues to hold office until re-appointed or until a successor is appointed. Limit 12.4(3) A person may not serve as a member of a special planning authority for more than ten consecutive years, and a period of one year must elapse following the end of that period before the person is again eligible to become a member. Vacancy does not impair the authority's powers 12.4(4) A vacancy in the membership of a special planning authority does not impair the capacity of the remaining members of the authority to act. S.M. 2015, c. 26, s. 3 . Remuneration 12.5(1) Members of a special planning authority who are not employees of the government are to be paid remuneration and expenses at rates set by the Lieutenant Governor in Council. Acceptance 12.5(2) Members may accept remuneration and expenses paid under subsection (1). S.M. 2015, c. 26, s. 3 . Chair and vice-chair 12.6(1) The Lieutenant Governor in Council must designate one of the members of a special planning authority as chair and one of the members as vice-chair. Function of vice-chair 12.6(2) The vice-chair has the authority of the chair when the chair is absent or unable to act, or when authorized by the chair. S.M. 2015, c. 26, s. 3 . Authority may make rules 12.7(1) A special planning authority may make rules governing its conduct of public hearings and other proceedings that are not inconsistent with the regulations, and which may include consequences for failing to comply with the rules. Publication of rules 12.7(2) A special planning authority must make its rules publicly available. S.M. 2015, c. 26, s. 3 . Regulations respecting special planning authorities 12.8 The minister may make regulations (a) respecting the conduct of hearings and other proceedings to be conducted by a special planning authority; (b) respecting any other matter the minister considers necessary or advisable for a special planning authority to carry out its mandate. S.M. 2015, c. 26, s. 3 . Inland Port Special Planning Authority Composition of Inland Port Special Planning Authority 12.9(1) The Inland Port Special Planning Authority consists of the following members appointed by the Lieutenant Governor in Council: (a) two representatives of the Rural Municipality of Rosser, at least one of whom must be a member of council, nominated by resolution of the council; (b) a representative of The City of Winnipeg, nominated by resolution of the council; (c) a representative of CentrePort Canada Inc., nominated by CentrePort Canada Inc.; (d) a representative of Winnipeg Airports Authority Inc., nominated by Winnipeg Airports Authority Inc.; (e) a representative of the government. Additional members 12.9(2) If additional land is included in the Inland Port Special Planning Area, the Lieutenant Governor in Council may make regulations (a) increasing the membership of the Inland Port Special Planning Authority from six to up to nine members; (b) respecting the person or entity that each additional member is to represent and the manner in which an additional member is to be nominated for appointment by the Lieutenant Governor in Council. Minister to recommend 12.9(3) The representatives referred to in clauses (1)⁠(a) to (d) are to be recommended to the Lieutenant Governor in Council by the minister. S.M. 2015, c. 26, s. 3 . Chair of the Authority 12.10(1) The order appointing members of the Inland Port Special Planning Authority must designate as chair of the authority a member of council of the Rural Municipality of Rosser. Chair has tie-breaking vote 12.10(2) If there is a tie vote on a matter before the authority, the chair may cast a second deciding vote. S.M. 2015, c. 26, s. 3 . Vacancies 12.11(1) If a representative of the Rural Municipality of Rosser, The City of Winnipeg, CentrePort Canada Inc. or Winnipeg Airports Authority Inc. ceases to be a member, the applicable entity must, on request of the minister, nominate a representative to fill the vacancy. Failure to nominate 12.11(2) If, within 90 days after the minister makes a request under subsection (1), the entity fails to nominate a representative acceptable to the minister, the Lieutenant Governor in Council may appoint a representative recommended by the minister to represent the entity. S.M. 2015, c. 26, s. 3 . Conflict of interest 12.12(1) The members of the Inland Port Special Planning Authority must develop, in consultation with the minister, a conflict of interest policy for the members of the authority. Members may participate in hearings 12.12(2) Subject to the authority's conflict of interest policy, a member of the authority who has prior knowledge of, or represents a person or entity that has or is interested in, a matter before the authority may participate in a hearing held by the authority in respect of the matter. Application 12.12(3) For certainty, a proceeding before the authority is a meeting within the meaning of subsection 5(2) of The Municipal Council Conflict of Interest Act . S.M. 2015, c. 26, s. 3 . IMPLEMENTING LAND USE PLANNING IN SPECIAL PLANNING AREAS Development agreements as condition 12.13(1) As a condition of amending a development plan by-law or zoning by-law, making a variance order or approving a conditional use in respect of a special planning area, the minister may require the owner of the affected property to enter into a development agreement with the planning district or municipality in respect of the affected property and any contiguous land owned or leased by the owner. Decisions of planning authorities re development agreements 12.13(2) Subject to the regulations, a special planning authority that hears an appeal concerning an application for a variance or conditional use may impose a requirement that a development agreement be entered into, or vary or revoke such a condition. Content of development agreements 12.13(3) When a development agreement is required to be entered into under this section, the board or council may require that the agreement deal with one or more of the matters set out in section 150. Subdivision approvals — public reserves 12.13(4) For certainty, land dedicated for public reserve purposes or for school purposes under section 135, item 6(b) or (c), must be registered in the name of the applicable municipality, school division or school district in which the land is located. S.M. 2015, c. 26, s. 3 . Cancelling permits or approvals 12.14(1) In accordance with the regulations, if a development in a special planning area that is authorized by the permit or approval has not begun before a regulation is made under this Division prohibiting the issuance of the permit or approval, the minister may (a) cancel the permit or approval, if the permit or approval was issued by the minister; or (b) if the permit or approval was issued by a board, council or special planning authority, direct the board, council or special planning authority to cancel it. Compliance with direction 12.14(2) A board, council or special planning authority must comply with a direction received under clause (1)⁠(b) as soon as practicable. Withholding development permits 12.14(3) In accordance with the regulations, the minister may direct a board or council to withhold issuing a development permit in respect of a proposed development in a special planning area. Minister responsible for expenses, etc. 12.14(4) The minister may exercise the powers and is subject to the obligations of a planning district or municipality under subsections 88(2) to (4) when the minister makes a direction under this section. S.M. 2015, c. 26, s. 3 ; S.M. 2026, c. 26, s. 9 . Minister may designate person to enforce 12.15(1) The minister may designate a person for the purpose of enforcing (a) by-laws adopted under this Part respecting a special planning area; and (b) the terms and conditions of permits, approvals and orders made or issued under this Part respecting a special planning area. Who may be designated 12.15(2) A person designated under subsection (1) may be an employee of the government or — with the consent of a planning district or municipality — an employee or officer of the planning district or municipality. Powers and duties 12.15(3) A person designated under this section has the same powers and responsibilities in relation to the special planning area as a designated employee or officer has under Part 12 in relation to a planning district or municipality. Role of minister 12.15(4) The minister has the same authority in relation to a special planning area as the board or council has in relation to a planning district or municipality under Part 12. S.M. 2015, c. 26, s. 3 . Role of Municipal Board 12.16(1) A regulation made respecting a special planning area may include a requirement that specified land use matters be referred or appealed to the Municipal Board, and may require the Municipal Board within the prescribed time to (a) hold a hearing on a specified matter and report to the minister; or (b) hear and decide the appeal, if a specified matter relates to an appeal. Notice of decision 12.16(2) The Municipal Board must send a copy of its report or decision to the minister, and to every person who made a representation at the hearing held under subsection (1). Decision not subject to appeal 12.16(3) A decision of the Municipal Board on an appeal is final and not subject to further appeal. S.M. 2015, c. 26, s. 3 . PART 3 PLANNING AUTHORITIES DIVISION 1 MUNICIPALITIES Role of municipalities 13 Subject to Division 2 of Part 2 and this Part, the council of a municipality is responsible for the adoption, administration and enforcement of the development plan by-law, zoning by-law and all other by-laws respecting land use and development for the municipality. S.M. 2021, c. 36, s. 5 . DIVISION 2 PLANNING DISTRICTS ROLE Role of planning districts 14 When a planning district is established, its board is responsible for (a) the adoption, administration and enforcement of the development plan by-law for the entire district; (b) the administration and enforcement of (i) the zoning by-laws of its member municipalities, or the district's own zoning by-law if it has adopted a district-wide zoning by-law under section 69, (ii) any secondary plan by-law in force in the district, (iii) the building by-laws of its member municipalities, and (iv) the by-laws of its member municipalities dealing with minimum standards of maintenance and occupancy of buildings. Agreements 15(1) The board of a planning district may enter into any agreement necessary to enable it to carry out and exercise its duties and powers under this Act, including without limitation, (a) an agreement with any person respecting the development of land in the district; (b) an agreement with a member municipality, the government, an agency of the government or any other person to develop and maintain (i) transportation systems, utilities or recreational facilities for the use of member municipalities, or (ii) housing facilities in the district. Additional responsibilities 15(2) The board of a planning district may (a) review and co-ordinate the policies and programs of its member municipalities relating to land use and development and the provision of public facilities; and (b) by agreement, perform duties delegated to it by the council of a member municipality. ESTABLISHMENT Application to establish district 16(1) The councils of two or more municipalities may apply to the minister to establish a planning district. Resolutions 16(2) The application must be accompanied by a resolution from the council of each municipality supporting the establishment of the proposed planning district. Requirement for public hearing 16(3) Before applying, each council must hold a public hearing to receive representations on the proposed planning district, and give notice of the hearing in accordance with section 168. Establishment of planning district 17(1) If the minister determines that the proposed planning district will improve sustainable land use and development in the area, the minister may, by regulation, establish the planning district. Contents of regulation 17(2) The regulation must set out (a) the name and boundaries of the planning district; and (b) the date when the planning district will begin to carry out and exercise its duties and powers under this Act. STRUCTURE AND ADMINISTRATION Corporate status 18(1) A planning district is a corporation and, subject to this Act, has all the rights, powers and privileges of a natural person for the purpose of carrying out and exercising its duties and powers under this Act. Corporation without share capital 18(2) A planning district must operate exclusively as a corporation without share capital. Applicability of Corporations Act 18(3) Except as otherwise provided in this Act, The Corporations Act does not apply to a planning district. Board to manage affairs 19(1) The management and affairs of a planning district must be directed by a board of directors consisting of councillors appointed by each member municipality in accordance with the requirements of the organizational by-law. Minimum representation 19(2) The board of directors of a planning district must include at least one director from each member municipality. Member from L.G.D. 19(3) In the case of a local government district, the director must be the resident administrator of the district, or a person appointed in writing by the resident administrator. First directors 20(1) Despite subsection 19(1), the minister must (a) appoint the first board of directors of a planning district in accordance with the requirements of subsections 19(2) and (3); (b) appoint one of the directors as the first chairperson of the board; and (c) make subsequent appointments to fill any vacancies on the board until new directors are appointed in accordance with the by-laws of the district. Term of office of first directors 20(2) The term of office of a first director continues until his or her successor is appointed in accordance with the by-laws of the district. Organizational and procedural by-laws 21(1) The board of a planning district must adopt by-laws, not inconsistent with this Act, that deal with (a) the organization of the board, including (i) the number of directors from each member municipality, (ii) the method of appointment of directors by each member municipality, and (iii) alternate directors; and (b) procedures of the board and the conduct of its affairs, including (i) the calling of meetings, including notice of meetings, (ii) the conduct of meetings and hearings, including rules of procedure and requirements for conducting a meeting or hearing partially or entirely by electronic or other communication facility, (iii) the recording of by-laws, and (iv) voting. Compensation by-law 21(2) The board of a planning district must adopt a by-law providing for (a) the payment to directors of remuneration as specified in the by-law; and (b) the reimbursement to directors of expenses incurred in carrying out their duties. General powers re by-laws 21(3) The board of a planning district may adopt (a) a by-law establishing the fees and charges to be paid for services provided by the district, including licences, permits, certificates and other approvals and documents issued by the district; and (b) other by-laws, not inconsistent with this Act, that may be necessary to carry out and exercise its duties and powers under this Act. S.M. 2021, c. 46, s. 15 . Financial contributions 22(1) The member municipalities of a planning district must agree on the proportion of funding, if any, that each municipality must contribute to meet the expenses of the district. Annual report 22(2) The board of a planning district must prepare and submit to each member municipality an annual report of its activities and an operating budget for the next year, on or before a date agreed on by the member municipalities. Dispute resolution 23 The member municipalities of a planning district must (a) agree on a process to resolve disputes about the operation of the district; and (b) use that process to attempt to resolve any dispute involving the operation of the district. Employees 24 The board of a planning district may appoint or employ any persons that it considers necessary to carry out and exercise its duties and powers under this Act. CHANGES TO PLANNING DISTRICTS Change in Name Application for name change 25(1) The board of a planning district may apply to the minister to change the name of the planning district. Name change 25(2) The minister may, after consulting with the member municipalities of the district, change the name of the district. The minister must amend the regulation establishing the planning district to reflect the name change. Liability unchanged 25(3) A planning district that has its name changed continues as a corporation under the new name. The change in name does not affect any obligation, liability or right of action of the district existing at the time of the change. Alteration, Dissolution and Amalgamation Application for alteration or dissolution 26(1) The board of a planning district or the council of a member municipality may apply to the minister to (a) change the boundaries of the district; or (b) dissolve the district. Application for amalgamation 26(2) The boards of two or more existing planning districts may apply to the minister to amalgamate into a new planning district. Requirements for adding municipality 27(1) If the application seeks to add a municipality to a planning district, the council of the municipality that is proposed to be added to the district must, before the application is made, (a) have passed a resolution in support of joining the district; and (b) have held a public hearing to receive representations on joining the planning district, after giving notice of the hearing in accordance with section 168. Requirements for dissolution or removal 27(2) If the application seeks to dissolve a planning district or change the boundaries of the district to remove a municipality from the district, the applicant must, before making the application, (a) have held a public hearing to receive representations on the application, including its financial and service delivery implications, after giving notice of the hearing in accordance with section 168; and (b) provide the minister with a report setting out the reasons for the application and the results of the hearing held under clause (a). Requirements for amalgamation 27(3) If the application seeks to amalgamate two or more existing planning districts, the board of each district must, before the application is made, (a) have passed a resolution in support of the proposed amalgamation; and (b) have held a public hearing to receive representations on the proposed amalgamation, after giving notice of the hearing in accordance with section 168. Referral to Municipal Board 28(1) The minister may refer an application under section 26 to the Municipal Board. Consultation and hearing 28(2) The Municipal Board must hold a public hearing within 120 days after receiving the referral to receive representations on the application, including its financial and service delivery implications, after giving notice of the hearing in accordance with section 168. Recommendation to minister 28(3) After holding the hearing, the Municipal Board must make a recommendation to the minister on the application within 60 days after the hearing is concluded. S.M. 2026, c. 26, s. 10 . Decision Decision 29(1) After considering the application, and the recommendations of the Municipal Board if the application was referred to it under section 28, the minister may (a) change the boundaries of a planning district; (b) dissolve a planning district; or (c) amalgamate two or more existing planning districts into a new planning district. Amendments to regulation 29(2) The minister must amend the regulation establishing planning districts to reflect a decision made under subsection (1). Distribution of assets and liabilities 29(3) If the minister dissolves a planning district or changes the boundaries of a planning district to allow a municipality to withdraw from the district, the minister may also determine the manner in which the assets and liabilities of the district are to be distributed or allocated. Result of amalgamation 29(4) If the minister amalgamates two or more existing planning districts into a new planning district, (a) section 180 of The Corporations Act applies, with necessary changes, to the new district; and (b) the minister must appoint the first directors of the new district in accordance with section 20. Development plan continues to apply 30(1) After a planning district is dissolved or a municipality withdraws from a planning district, the development plan by-law of the district (a) continues to apply, with necessary changes, to the remaining municipalities in the district; and (b) is deemed to be the development plan by-law, with necessary changes, for a municipality that is no longer part of the district, until the municipality adopts its own development plan by-law. When municipal development plan applies 30(2) If a municipality becomes part of a planning district after adopting its own development plan by-law, that by-law continues to apply to the municipality until the planning district amends its development plan by-law to cover that municipality. DIVISION 3 PLANNING COMMISSIONS ESTABLISHMENT Planning commissions 31 A planning commission may be established by (a) the board of a planning district that has adopted a district-wide zoning by-law under section 69; and (b) the council of a municipality that has adopted a zoning by-law. By-law requirements 32(1) The planning commission must be established by a by-law that provides for the following: (a) the designation of a member of the commission as chairperson, and another member as vice-chairperson; (b) rules of practice and procedure for the commission; (c) payment of remuneration and reimbursement of expenses to members of the commission; and (d) such other matters as the board or council considers necessary or advisable. Composition of commission 32(2) A planning commission must be composed of at least three persons appointed by the board or council, and may consist (a) entirely of members of the board or council; (b) of a combination of members of the board or council and other persons; or (c) entirely of persons who are not members of the board or council. ROLE OF PLANNING COMMISSIONS Decisions Decisions by planning commission 33 A planning commission must hold hearings and make decisions respecting (a) applications for variances referred to the commission in accordance with a by-law under section 95 (authority respecting variances); and (b) applications respecting conditional uses referred to the commission in accordance with a by-law under section 104 (authority respecting conditional uses). Notice of decision 34(1) When a decision is made by a planning commission, the notice of decision must (a) state that the persons described in subsection (2) may appeal the decision; (b) set out the process to be followed to appeal the decision; and (c) state the deadline for filing the notice of appeal, which must be at least 14 days after the decision was made. Appeal of decision by commission 34(2) A decision by a planning commission may be appealed to the board or council by (a) the applicant; (b) any person who made representations at a hearing on the application held by the planning commission; or (c) a designated employee or officer of the planning district or municipality. Notice of appeal 34(3) A notice of appeal of a decision of a planning commission must (a) be in writing; (b) identify the decision being appealed; and (c) be filed with the planning district or municipality before the deadline set out in the notice of decision. Decision final if no appeal 34(4) If the decision of a planning commission is not appealed by the deadline set out in the notice of decision, the decision is final. Appeal to board or council 35(1) An appeal of a decision of a planning commission must be heard by the board or council that established the commission. Notice of hearing 35(2) The board or council must (a) fix a date, time and place for the appeal hearing; and (b) at least 14 days before the hearing, send notice of the hearing to (i) the appellant and the applicant, and (ii) every person who made a representation at the planning commission's hearing on the application. Who may not hear appeal 35(3) A member of the board or council who took part in the decision under appeal as a member of the planning commission may not hear the appeal. Quorum not lost 35(4) A majority of the members of the board or council constitutes a quorum for hearing the appeal, but if one or more members are disqualified from hearing the appeal under subsection (3), quorum is not lost as long as at least two members hear the appeal. New hearing 35(5) The appeal of the decision of the planning commission is a new hearing and the board or council may make any decision with respect to the matter under appeal that could have been made at the original hearing of the application. Hearings Hearings by planning commission 36(1) The board of a planning district or the council of a municipality may, by by-law, assign responsibility for holding a hearing to consider any of the following matters to its planning commission: (a) the adoption of a zoning by-law or secondary plan by-law under subsection 74(1); (b) subdivision applications under subsection 125(2); (c) a by-law to close public reserve land under subsection 139(2); (d) the declaration of an obsolete plan of subdivision under subsection 144(3). Report to board or council 36(2) After holding a hearing on a matter set out in subsection (1), the planning commission must provide the board or council with a report on the hearing, that includes (a) the minutes of the hearing; (b) the record of all representations made at the hearing; and (c) its recommendations on the matter considered at the hearing. GENERAL Resolutions 37 A planning commission may act only by resolution. Deemed hearing by board or council 38 A hearing held by a planning commission under authority of this Division is deemed to be a hearing by the board or council. Commission must meet all requirements 39 A planning commission that holds a hearing or makes a decision must comply with all requirements of this Act respecting notice of hearings, the conduct of hearings and notices of decision. PART 4 PLANS DIVISION 1 DEVELOPMENT PLANS REQUIREMENTS Development plan for planning districts 40(1) The board of a planning district must prepare a development plan for the entire district. Development plan for municipalities 40(2) The council of a municipality that is not part of a planning district must prepare a development plan for the municipality. Exception 40(3) A development plan is not required for land in unorganized territory. Consistency with provincial land use policies 41 A development plan must be generally consistent with provincial land use policies. Requirements of development plan 42(1) A development plan must (a) set out the plans and policies of the planning district or municipality respecting its purposes and its physical, social, environmental and economic objectives; (b) through maps and statements of objectives, direct sustainable land use and development in the planning district or municipality; (c) set out measures for implementing the plan; and (d) include such other matters as the minister or the board or council considers advisable. Livestock operation policy 42(2) The development plan must include a livestock operation policy that guides zoning by-laws dealing with livestock operations by (a) dividing the planning district or municipality into one or more areas designated as follows: (i) areas where the expansion or development of livestock operations of any size may be allowed, (ii) areas where the expansion or development of livestock operations involving a specified maximum number of animal units may be allowed, (iii) areas where the expansion or development of livestock operations will not be allowed; and (b) setting out the general standards to be followed in the planning district or municipality respecting the siting and setback of livestock operations. 42(3) [Repealed] S.M. 2018, c. 14, s. 3 . S.M. 2018, c. 14, s. 3 . Deadline for review 43 A development plan may set out the date by which the board or council must complete a review of it under clause 59(1)⁠(a). Meetings and consultation 44(1) When preparing a development plan, a board or council must (a) hold one or more public meetings to receive representations on the plan; (a.1) consult with the school board of any school division or school district whose boundaries include land within the area of the planning district or municipality on the following matters: (i) the current and anticipated needs of the school board for new or expanded school buildings, (ii) the amount, suitability and location of land required for school sites necessary to accommodate those new or expanded school buildings; and (b) consult with a person who is a registered professional planner within the meaning of The Registered Professional Planners Act . Subject matter of consultation with school boards 44(1.1) As part of the consultations required by clause (1)⁠(a.1), the board or council and a school board must identify (a) the areas designated for new or intensified residential development within the planning district or municipality, including (i) the projected number of dwelling units that may be developed in those areas over the long-range time frame specified in the development plan, and (ii) the projected number of children who will require schooling as those dwelling units are developed; (b) when new or expanded school buildings and school sites are expected to be required by the school board; and (c) how the existing school buildings and school sites, and those anticipated under clause (b), will relate to (i) the existing public places and community facilities in the area, and (ii) any new or expanded public places or community facilities that the board or council proposes to be provided for in the applicable development plan or any applicable secondary plan. Consultation with councils 44(2) After preparing a development plan, the board of a planning district must consult with the councils of its member municipalities. S.M. 2011, c. 38, s. 8 ; S.M. 2018, c. 14, s. 4 . ADOPTION PROCESS Adoption 45 A board or council must adopt a development plan for the planning district or municipality by by-law. Public hearing 46(1) Before or after a board or council gives first reading of the development plan by-law, the board or council must hold a public hearing to receive representations from any person on the proposed development plan, and give notice of the hearing in accordance with section 168. Second reading 46(2) After the hearing, the board or council may, (a) if it determines that the proposed development plan does not require alteration or requires only a minor alteration that does not change the intent of the plan, make any required alteration and proceed to give the by-law second reading; (b) if it determines that the proposed development plan requires a major alteration that changes the intent of the plan, (i) make the required alteration, (ii) hold another public hearing in accordance with subsection (1) to receive representations on the alterations to the plan, and (iii) 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. Notice of resolution not to proceed 46(3) If the board or council passes a resolution not to proceed with the by-law, it must send a copy of the resolution to the minister and every person who made a representation at the hearing held under subsection (1). S.M. 2021, c. 36, s. 6 . Submission to minister 47(1) As soon as reasonably practicable after the development plan by-law is given second reading, the board or council 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 under subsection 46(1) and each written submission filed at the hearing. 47(2) [Repealed] S.M. 2021, c. 36, s. 7 . No adoption until approval 47(3) The board or council must not give third reading to the by-law until the minister has approved it under section 51. S.M. 2011, c. 38, s. 9 ; S.M. 2018, c. 14, s. 5 ; S.M. 2021, c. 36, s. 7 . Notice of second reading 48 As soon as practicable after submitting the development plan by-law to the minister for approval, the board or council must send a notice to every person who objected to the by-law at the hearing held under subsection 46(1) 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 an objection at the hearing may file an objection with the minister that sets out the reasons for his or her objection, within 14 days after the notice is given. S.M. 2018, c. 14, s. 6 . Referral to Municipal Board 49 Before deciding whether to approve the development plan by-law, the minister may refer an objection to the by-law filed under clause 48(c) or a specific question or issue about the by-law to the Municipal Board. Municipal Board hearing 50(1) If the minister makes a referral under section 49, the Municipal Board must (a) within 120 days after the referral, hold a public hearing to receive representations from any person on the objection, question or issue referred to it; and (b) at least 14 days before the hearing, send notice of the hearing to (i) the minister, (i.1) a regional planning board, if any land within its region is subject to the development plan, (ii) the board or council involved, (iii) every person who made a representation at the hearing held under subsection 46(1), and (iv) any other person it considers appropriate. Report to minister 50(2) 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. S.M. 2018, c. 14, s. 7 ; S.M. 2021, c. 36, s. 8 ; S.M. 2026, c. 26, s. 11 . Minister's decision 51(1) After receiving copies of the development plan by-law and any objections to it, and after considering any recommendations of the Municipal Board under section 50, the minister may (a) approve the by-law with no alterations or conditions; (b) approve the by-law, subject to the board or council (i) making any alteration to the by-law required by the minister, or (ii) complying with any condition imposed by the minister; or (c) reject the by-law. When drinking water and wastewater plans required 51(1.1) Before approving a development plan by-law submitted by a board or council that is subject to section 62.2 (drinking water and wastewater management plans), the minister must be satisfied that (a) the existing municipal drinking water and wastewater services have sufficient capacity to accommodate any projected development set out in the development plan; or (b) if capacity is insufficient, the board or council, in preparing the development plan and the drinking water and wastewater management plans, has identified (i) the infrastructure investments necessary to accommodate the projected development, and (ii) how those infrastructure investments will be made in a sustainable and financially viable manner. Consultation 51(2) Before requiring an alteration to the by-law or imposing a condition when making an approval under clause (1)⁠(b), the minister may consult with the applicable board or council. Notice of decision 51(3) The minister must provide the board or council with written notice of his or her decision. S.M. 2011, c. 36, s. 13 . Third reading 52 A board or council may give third reading to a development plan by-law approved under clause 51(1)⁠(a) or (b), but only after (a) making any alterations to the by-law specified by the minister; and (b) complying, or agreeing to comply, with any condition imposed by the minister. Notice of adoption 53 As soon as practicable after giving third reading to the development plan by-law, the board or council must (a) [repealed] S.M. 2018, c. 14, s. 8 ; (b) give the minister a copy of the development plan by-law in the form directed by the minister; and (c) send a notice stating that the by-law has been adopted to (i) every person who made a representation at the hearing held under subsection 46(1), (ii) every person who made a representation at the Municipal Board hearing, if one was held, and (iii) the regional planning board, if any land within its region is subject to the development plan. S.M. 2018, c. 14, s. 8 ; S.M. 2021, c. 36, s. 9 . By-law not subject to appeal 54 Once adopted, a development plan by-law is binding on all persons and is not subject to appeal. Resolution not to proceed 55 If the board or council decides not to proceed with a development plan by-law that was approved by the minister under clause 51(1)⁠(a) or (b), the board or council must pass a resolution not to proceed and send a copy of it to (a) the minister; (a.1) a regional planning board, if any land within its region is subject to the development plan; (b) every person who made a representation at the hearing held under subsection 46(1); and (c) every person who made a representation at the Municipal Board hearing, if one was held. S.M. 2021, c. 36, s. 10 . AMENDMENTS AND REVIEW Amending development plan by-law 56(1) An amendment to a development plan by-law may be initiated (a) by the board or council; or (b) by the owner of the affected property, or a person authorized in writing by the owner, through an application made to the board or council. Application by owner may be refused 56(2) An application for an amendment to a development plan by-law under clause (1)⁠(b) may be refused if, in the opinion of the board or council, (a) it is without merit; or (b) it is the same as or substantially similar to an earlier application that was refused within one year before the day when the new application is made. Amendment process 57 Sections 46 to 55 apply to amendments to a development plan by-law, with any necessary changes. Exception for minor amendments 58(1) A board or council may apply to the minister to make a minor amendment to the development plan by-law, or amend the by-law to correct an error or omission, without complying with section 57. The application must include a copy of the proposed amendment. Decision 58(2) The minister may give the board or council written authorization to amend the development plan by-law without giving public notice, holding a hearing or submitting the amendment to the minister for approval, 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 development plan; or (b) the proposed amendment is required to correct an error or omission. Periodic review 59(1) A board or council must complete a detailed review of its development plan (a) on or before the deadline set out in the development plan; or (b) if the development plan does not contain a deadline for review, within five years after the development plan by-law is adopted. Minister's order for review 59(2) The minister may, by written order, require a board or council to complete a detailed review of its development plan on or before the date specified in the order, or such later date as the minister may by further order allow. Consultation with minister and region 59(2.1) As part of a review of its development plan, a board or council must consult with any applicable planning region, the minister and any other person or organization designated by the minister. Method of review 59(3) A review of a development plan must include (a) a comprehensive examination of the plan; (a.1) the consultations with a school board, as required under section 44; and (b) public consultations. By-law to be re-enacted or replaced 59(4) Upon completion of the review, the board or council must re-enact the development plan by-law or repeal and replace it with a new development plan by-law, in accordance with the process set out in sections 46 to 55. S.M. 2011, c. 38, s. 10 ; S.M. 2021, c. 36, s. 11 . POWERS OF MINISTER Order 60 After consulting with a board or council, the minister may order it to adopt a development plan or amend the development plan by-law of the planning district or municipality within a time specified in the order. Minister may amend or replace by-law 61(1) The minister may prepare a development plan by-law or an amendment to the development plan by-law of a planning district or municipality if the board or council (a) fails to comply with an order under section 60; or (b) fails to conduct a review of its development plan as required under section 59; and submit the amendment or new by-law to the Lieutenant Governor in Council for approval. Referral to Municipal Board 61(2) Before submitting the amendment or new by-law for approval, the minister may refer it to the Municipal Board for a hearing in accordance with section 50. After receiving the recommendations of the Municipal Board, the minister may make alterations to the amendment or new by-law. Approval by Order in Council 61(3) The Lieutenant Governor in Council may, by order, approve the amendment or by-law submitted by the minister. This order has the effect of enacting the development plan by-law or amending the existing development plan by-law as if it were enacted or amended by the board or council under this Division.

APPLICATION OF PROVINCIAL LAND USE POLICIES Policies do not apply 62(1) Subject to subsection (2), provincial land use policies no longer apply to a planning district or municipality that has adopted a development plan by-law. Policies apply to amendments and review 62(2) An amendment to a development plan by-law and the re-enactment or replacement of a development plan by-law under subsection 59(4) must be generally consistent with provincial land use policies. APPLICATION OF WATER STATUTES Consideration of water statutes 62.1 When preparing a development plan or amending or re-enacting a development plan by-law, a board or council must consider the application of the following insofar as they relate to land within the planning district or municipality: (a) any regulation made under section 5 of The Water Protection Act governing, regulating or prohibiting any use, activity or thing in a water quality management zone designated under that Act; (a.1) any aquifer management plan approved under The Groundwater and Water Well Act ; (b) any watershed management plan approved under The Water Protection Act . S.M. 2005, c. 30, s. 217 ; S.M. 2008, c. 42, s. 76 ; S.M. 2012, c. 27, s. 90 . WATER AND WASTEWATER INFRASTRUCTURE Drinking water and wastewater management plans 62.2(1) When preparing a development plan or amending or re-enacting a development plan by-law, the following bodies must also prepare drinking water and wastewater management plans and submit them to the minister: (a) the board of a planning district that includes, within its boundaries, an applicable municipality; (b) the council of an applicable municipality, if the municipality is not a member of a planning district; (c) a board or council that is required to do so by the minister under subsection (2). Minister's order for plans to be prepared 62.2(2) The minister may, if in his or her opinion the circumstances warrant, require the council of a municipality that is not an applicable municipality, or the board of a planning district that includes such a municipality within its boundaries, to prepare drinking water and wastewater management plans and submit them to the minister. Content 62.2(3) The drinking water and wastewater management plans must (a) provide the analysis undertaken to confirm if the existing drinking water and wastewater services have sufficient capacity to accommodate any projected development set out in the development plan; and (b) set out the ways in which the planning district or municipality will ensure that, in the provision of drinking water and wastewater services, (i) health and safety will be protected, (ii) the environment will be protected, (iii) the capacity and sustainability of the sources of water on which the services rely will not be exceeded, and (iv) water conservation and water use efficiency will be promoted. Interpretation — "applicable municipality" 62.2(4) In this section, "applicable municipality" means any one of the following: (a) the City of Winnipeg and the City of Selkirk; (b) the Town of Niverville and the Town of Stonewall; (c) the Village of Dunnottar; (d) the Rural Municipalities of Cartier, East St. Paul, Headingley, Macdonald, Ritchot, Rockwood, Rosser, Springfield, St. Andrews, St. Clements, St. Francois Xavier, Taché and West St. Paul. S.M. 2011, c. 36, s. 14 ; S.M. 2021, c. 36, s. 12 ; S.M. 2025, c. 4, s. 8 . DIVISION 2 SECONDARY PLANS Adoption of secondary plans 63(1) A board or council may, by by-law, adopt a secondary plan to deal with objectives and issues within its scope of authority in a part of the planning district or municipality, including, without limitation, any matter (a) dealt with in the development plan by-law; (b) dealing with subdivision design, road patterns, building standards or other land use and development matters; or (c) respecting economic development or the enhancement or special protection of heritage resources or sensitive lands. Consistency with development plan by-law 63(2) A secondary plan by-law must be consistent with the development plan by-law. S.M. 2021, c. 36, s. 13 . Adoption and amendment process 64 A secondary plan by-law and an amendment to a secondary plan by-law are subject to (a) the same hearing and approval process required to adopt a zoning by-law under Part 5; and (b) the same appeals process that applies to a zoning by-law or an amendment to a zoning by-law. S.M. 2021, c. 36, s. 14 . DIVISION 3 GENERAL Compliance with plans 65 The adoption of a development plan by-law or a secondary plan by-law does not require the board or council, any person, or any department or agency of the government to undertake a proposal contained in the by-law. However, undertakings and development in the planning district or municipality must be generally consistent with the development plan by-law and any applicable secondary plan by-law. Acquisition and disposal of land 66 In order to implement any part of a development plan by-law or secondary plan by-law, a planning district or municipality may acquire land by gift, purchase or expropriation under The Expropriation Act . The land may be sold, leased or otherwise disposed of by the district or municipality if it is no longer required. Revoking development plan by-law 67 When a planning district adopts a development plan by-law, any development plan by-law adopted by a member municipality is revoked. PART 5 ZONING BY-LAWS REQUIREMENTS Zoning by-law required 68 Unless the municipality is part of a planning district that has adopted a district-wide zoning by-law under section 69, a municipal council must adopt a zoning by-law that is generally consistent with the development plan by-law and any secondary plan by-law in effect in the municipality. District-wide zoning by-law 69(1) The board of a planning district may adopt a zoning by-law that applies to the entire district if the council of every municipality in the district passes a resolution in favour of a district-wide zoning by-law. Effect on municipal zoning by-law 69(2) If a district wide zoning by-law is adopted by the board of a planning district, the zoning by-law of a member municipality is revoked. Exception 70 A zoning by-law is not required for land in unorganized territory. Zoning by-law requirements 71(1) A zoning by-law must (a) divide the municipality or planning district into zones; (b) prescribe permitted and conditional uses for land and buildings in each zone; and (c) set out the procedure for applying for, and issuing development permits, non-conforming certificates, zoning memoranda and other similar documents, including the classes of minor development, if any, that do not require a development permit. General development requirements 71(2) A zoning by-law must prescribe general development requirements for each zone having regard to any permitted or conditional use for the zone, and in prescribing those requirements, the board or council must consider (a) the development plan by-law and any secondary plan by-law; (b) the character of the zone; (c) the nature of the existing or proposed uses of land and buildings in the zone; and (d) the suitability of the zone for particular uses. Contents of zoning by-law 71(3) Without limiting the generality of subsection (2), a zoning by-law may contain provisions prohibiting or regulating any of the following: (a) the use of land; (b) the construction or use of buildings; (c) the dimensions and area of lots, parcels or other units of land; (d) the number, lot coverage, floor area, yard size, dimension and location of buildings on parcels of land; (e) the design details of buildings and building sites and the establishment of committees to approve design details; (f) the open space around and between buildings, minimum separation distances between buildings on a site and minimum separation distances between buildings and other buildings or uses; (g) the cutting and removal of trees or vegetation; (h) the location, height, type, and maintenance of fences and walls; (i) landscaping and buffers between buildings and parcels of land, and between different uses of land; (j) the placement of pedestrian walkways; (k) the removal, excavation, deposit or movement of sand, gravel, soil or other material from land; (l) the location, size and number of access points to a parcel of land from adjoining public roads; (m) the establishment and maintenance of parking and loading facilities; (n) the form, type, size, contents, and manner of display of outdoor signs or displays, including interior signs that are visible from the outdoors; (o) the grading and elevation of land; (p) the outdoor storage of goods, machinery, vehicles, building materials, waste materials and other items; (q) the number, dimensions and density of dwelling units on a parcel of land; (r) the outdoor lighting of any building or land; (s) waste storage and collection areas, and facilities and enclosures for storing water and other liquids; (t) the manner in which any use of land or a building is undertaken, including the hours of operation and the regulation of noxious or offensive emissions such as noise or odours; (u) the sequence of development, including commencement and completion; (v) the protection of scenic areas, heritage resources and sensitive land; (w) the construction, location or placement of a building on sensitive land; (x) the construction of a building within a specified distance of a water body or groundwater source. Power to prohibit includes power to permit 71(4) The power to prohibit or regulate any land use or development in a zoning by-law includes the power to permit that land use or development. Zoning for affordable housing 71(5) A zoning by-law for a new residential development may require that a specified percentage of the dwelling units within the development offer affordable housing to low and moderate income households. "Affordable housing" to be defined 71(6) A requirement under subsection (5) may be imposed only if a definition of "affordable housing", or the manner for determining if housing is affordable housing, is prescribed in the by-law. Incentive zoning 71(7) A zoning by-law may allow for the modification of specified development requirements, including increased density of dwelling units, if a development provides the public benefits prescribed in the by-law, such as affordable housing. S.M. 2013, c. 25, s. 2 . Livestock Operations Zoning by-laws for livestock operations 72(1) Zoning by-laws respecting livestock operations must be generally consistent with the livestock operation policy of the planning district or municipality. 72(2) [Repealed] S.M. 2018, c. 14, s. 9 . Siting and setback of livestock operations 72(3) The zoning by-law must establish siting and setback requirements for livestock operations that (a) meet minimum standards established by regulation; and (b) are generally consistent with the livestock operation policy of the planning district or municipality. S.M. 2018, c. 14, s. 9 . Changes to Livestock Operations Definitions 72.1(1) The following definitions apply in this section. "authorized change" means (a) in relation to a livestock operation that is not subject to supply management, a change that meets the requirements set out in subsection (2.4) that is a replacement, or an alteration or expansion, of an existing farm building that houses livestock; or (b) in relation to a livestock operation, or part of a livestock operation, that is subject to supply management, a change that meets the requirements set out in subsection (2.4) that is (i) a replacement, or an alteration or expansion, of an existing farm building that houses livestock, or (ii) an intensification of use of the part of the operation that is subject to supply management. (« modification autorisée ») "supply management" means the controlled production and marketing of a farm product in accordance with a quota order made under The Farm Products Marketing Act . (« gestion de l'offre ») Interpretation — animal units under current zoning by-law 72.1(2) For the purpose of this section, the number of animal units permitted or recognized as a conforming use for a livestock operation is (a) the number permitted in the zoning by-law as of the day the zoning by-law came into effect, if the livestock operation is a permitted use under the zoning by-law; or (b) the number permitted in the latest approval of a conditional use under Division 1 or 2 of Part 7, if the livestock operation is a conditional use under the zoning by-law. Interpretation — animal units if livestock operation existed before current zoning by-law 72.1(2.1) If a livestock operation was established before the zoning by-law was adopted, the number of animal units permitted or recognized as a conforming use for the livestock operation is the number deemed to be permitted as a conditional use under the zoning by-law on the day the zoning by-law came into effect. Changes to non-supply managed livestock operations 72.1(2.2) For a livestock operation that is not subject to supply management, a change is deemed not to be a failure to comply with, or a change to a condition imposed on, the approval of a conditional use, an intensification of a use, a new use or new construction under this Act or any zoning by-law if it is an authorized change to an existing farm building that houses livestock. Changes to supply managed livestock operations 72.1(2.3) For a livestock operation, or part of a livestock operation, that is subject to supply management, a change is deemed not to be a failure to comply with, or a change to a condition imposed on, the approval of a conditional use, an intensification of a use, a new use or new construction under this Act or any zoning by-law if it is an authorized change to (a) an existing farm building that houses livestock; or (b) the intensity of use of the part of the operation that is subject to supply management. Requirements 72.1(2.4) For a change to be an authorized change, (a) a person with an interest in the livestock operation must apply for and obtain a zoning memorandum from the planning district or municipality that states (i) that the livestock operation appears to conform with the zoning by-law, and (ii) the number of animal units permitted or recognized as a conforming use for the livestock operation before and after the proposed change; and (b) the change must not result in an increase in animal units of more than 15% from the number of animal units permitted or recognized as a conforming use for the livestock operation. Use of existing building during construction 72.1(3) An existing farm building that is to be replaced by a new farm building, as permitted under this section, may continue to be used while the replacement building is being constructed, but may not be used to house livestock once the replacement building is substantially complete. Limitation re non-conforming buildings and uses 72.1(4) This section does not apply to an existing farm building or use of land that does not conform with the applicable zoning by-law. S.M. 2018, c. 14, s. 10 ; S.M. 2026, c. 26, s. 13 . 73 [Repealed] S.M. 2013, c. 25, s. 3 . ADOPTION OF ZONING BY-LAW Eligible persons 73.1(1) In this section, "eligible person" means a person who would be eligible, if a general election were held under The Municipal Councils and School Boards Elections Act on the day the objection was made, to vote at an election of members of (a) the council of the municipality, in the case of a zoning by-law of a municipality; or (b) the council of a member municipality, in the case of a district-wide zoning by-law. Sufficient objections re adopting or amending a zoning by-law 73.1(2) For a proposed by-law that adopts or amends a zoning by-law, objections must be received from the following to be sufficient for the purposes of sections 74 to 79: (a) at least 300 eligible persons; (b) despite clause (a), in the case of a municipality or planning district with a population of fewer than 6,000, the greater of at least (i) 100 eligible persons, or (ii) eligible persons who total 5% of the population of the municipality or district. References to population 73.1(3) A reference in clause (2)⁠(b) to the population of a municipality or a planning district means the population of the municipality or district as shown by the most recent census taken and available under the Statistics Act (Canada). 73.1(4) [Repealed] S.M. 2025, c. 3, s. 2 . S.M. 2018, c. 14, s. 11 ; S.M. 2025, c. 3, s. 2 . Public hearing 74(1) Before or after a board or council gives first reading of a zoning by-law, a board or council or a planning commission must hold a public hearing to receive representations from any person on the by-law, and give notice of the hearing in accordance with section 168. Alteration to zoning by-law 74(2) If, after the public hearing, the board or council proposes to alter the by-law, a second public hearing must be held in accordance with subsection (1) to receive representations on the alterations to the by-law. No hearing for minor alteration 74(3) A second public hearing is not required if the alteration is a minor one that does not change the intent of the by-law. S.M. 2021, c. 36, s. 15 . Adoption if objections not sufficient 75 Unless there are sufficient objections to the zoning by-law at the hearing held under subsection 74(1), the board or council may (a) proceed to give the by-law second and third reading; or (b) pass a resolution not to proceed with the by-law. S.M. 2018, c. 14, s. 12 ; S.M. 2021, c. 36, s. 16 . When Planning Commission Holds Hearing Objections at planning commission hearing 76(1) When sufficient objections to a zoning by-law are received at a hearing held by a planning commission under subsection 74(1), the objections must be dealt with in accordance with this section. Options of board or council 76(2) After being advised of the objections by the planning commission, the board or council may (a) give the by-law second reading; or (b) pass a resolution not to proceed with the by-law. Notice to objectors 76(3) If the board or council gives the by-law second reading it must, as soon as practicable after second reading, send a notice to every person who objected to the by-law, stating the reasons for proceeding with the by-law despite the objections and that (a) the person may file a second objection to the by-law with the board or council by the deadline specified in the notice, which must be at least 14 days after the date of the notice; and (b) if sufficient objections are not filed before the deadline, the by-law may be given third reading without further notice. Actions if second objections are not sufficient 76(4) If the board or council does not receive sufficient objections by the deadline set out in the notice under subsection (3), it may (a) give the by-law third reading; or (b) pass a resolution not to proceed with the by-law. Hearing if sufficient objections 76(5) If the board or council receives sufficient objections by the deadline set out in the notice under subsection (3), it must as soon as reasonably practicable, refer the objections to the Municipal Board together with copies of the relevant planning authority records as defined in section 77.1. 76(6) [Repealed] S.M. 2021, c. 36, s. 17 . S.M. 2018, c. 14, s. 13 ; S.M. 2021, c. 36, s. 17 ; S.M. 2026, c. 26, s. 14 . When Board or Council Holds Hearing Objections at board or council hearing 77(1) When sufficient objections to a zoning by-law are received at a hearing held by a board or council under subsection 74(1), the objections must be dealt with in accordance with this section. Options of board or council 77(2) The board or council may (a) give the by-law second reading; or (b) pass a resolution not to proceed with the by-law. Notice to objectors 77(3) If the board or council gives the by-law second reading, it must, as soon as practicable after second reading, send the notice described in section 76(3) to every person who objected to the by-law. Actions if second objections are not sufficient 77(4) If the board or council does not receive sufficient objections by the deadline set out in the notice under subsection (3), it may (a) give the by-law third reading; or (b) pass a resolution not to proceed with the by-law. Referring objections 77(5) If a board or council receives sufficient objections by the deadline set out in the notice under subsection (3), it must, as soon as reasonably practicable, refer the objections to the Municipal Board together with copies of the relevant planning authority records as defined in section 77.1. 77(6) to (11) [Repealed] S.M. 2021, c. 36, s. 18 . S.M. 2018, c. 14, s. 14 ; S.M. 2021, c. 36, s. 18 ; S.M. 2026, c. 26, s. 15 . MUNICIPAL BOARD Meaning of "planning authority records" 77.1 In sections 77.2 and 78, "planning authority records" includes the following in respect of a by-law: (a) the application, if any, along with supporting materials filed by the applicant; (b) the minutes of the hearing held under subsection 74(1), the record of all representations made at the hearing and each written submission filed before or at the hearing; (c) supporting materials filed with the board or council or the planning commission before or at the hearing; (d) objections to the by-law; (e) the written decision of the board or council with reasons; (f) any other documents relevant to the matter. S.M. 2021, c. 36, s. 19 ; S.M. 2022, c. 26, s. 17 ; S.M. 2026, c. 26, s. 16 . Notice of referral 77.2(1) If the board or council refers an objection under subsection 76(5) or 77(5), it must, within 14 days after the referral, give notice of the following to every person who made a representation at the hearing respecting the by-law or who objected to the by-law: (a) the referral; (b) that the Municipal Board's report, with recommendations, to the board or council will be published on the Municipal Board's website. Review of by-law 77.2(2) If a by-law is referred to the Municipal Board, the Board must, within 120 days after the referral, (a) conduct a review based on the planning authority records; and (b) submit a report, with recommendations, in respect of the by-law to the board or council and provide a copy to the minister at the same time. Scope of review 77.2(3) A review under this section is not subject to subsection 15(3) of The Municipal Board Act . Despite any rules adopted by the Municipal Board, the Board must not hold a hearing or receive new evidence or representations. Preparation of report 77.2(4) In preparing the report under this section, the Municipal Board's considerations must be limited to (a) the planning authority records; and (b) the board or council's stated reasons for proceeding with the by-law despite the objections. Publication of report 77.2(5) The Municipal Board must publish the report, with recommendations, on its website within seven days after submitting the report to the board or council. Requirement for third reading 77.2(6) The board or council must not give the by-law third reading unless the board or council has considered the recommendations that the Municipal Board has made in its report in respect of the by-law. S.M. 2026, c. 26, s. 16 . Delayed decision 77.3 If the minister is reviewing a development plan by-law or an amendment to a development plan by-law at the same time that an objection to a zoning by-law for the same area is being considered under section 77.2, the Municipal Board may delay making the report required under that section until the minister has made their decision. S.M. 2026, c. 26, s. 16 . General Adoption Matters Objections from public authorities 78(1) Despite sections 76 and 77, an objection to a zoning by-law received from any of the following must be referred to the Municipal Board together with copies of the relevant planning authority records: (a) the minister; (a.1) the regional planning board, if any land within its region is subject to the zoning by-law; (b) the board of a planning district; (c) the council of a municipality; (d) the Government of Canada. Transfer of objections 78(2) When an objection is referred to the Municipal Board under subsection (1), any other objection to the by-law must also be referred to the Municipal Board. Hearing by Municipal Board 78(3) Subject to subsection 24(3.2) of The Municipal Board Act , the Municipal Board must hold a hearing within 120 days after receiving an objection. Notice of hearing 78(4) At least 14 days before the hearing, the Municipal Board must give notice of the hearing to (a) the applicant, if any; (b) the board or council that referred the objection; (c) the regional planning board, if any land within its region is subject to the by-law; (d) the minister; (e) every person who made a representation at the hearing held under subsection 74(1); and (f) every person who objected to the by-law. Scope of hearing 78(5) A hearing under this section is not subject to subsection 15(3) of The Municipal Board Act . The Municipal Board must not receive representations from any person who is not entitled to receive notice of the hearing. Order 78(6) The Municipal Board must, within 60 days after the hearing is concluded, make an order (a) confirming or refusing to confirm the by-law or any part of it; or (b) directing the board or council to alter the by-law in the manner the Municipal Board specifies to address any representations on the objection made at the hearing. The order may be subject to any terms or conditions that the Municipal Board considers advisable. Notice of decision 78(7) The Municipal Board must send a copy of the order to the following: (a) the applicant, if any; (b) the board or council that referred the objection; (c) the regional planning board, if any land within its region is subject to the by-law; (d) the minister; (e) every person who made a representation at the hearing held under subsection (3); (f) every person who objected to the by-law. Decision not subject to appeal 78(8) The decision of the Municipal Board is final and not subject to appeal. Requirement for third reading 78(9) The board or council must not give the by-law third reading unless (a) the Municipal Board makes an order under clause (6)⁠(a) confirming the parts of the by-law that were the subject of the objection; or (b) the board or council, as the case may be, complies with the order of the Municipal Board under clause (6)⁠(b) (alteration of by-law). S.M. 2018, c. 14, s. 15 ; S.M. 2021, c. 36, s. 20 ; S.M. 2026, c. 26, s. 17 . Application — sufficient objections 78.1 For certainty, when a board or council must refer a zoning by-law to the Municipal Board under subsection 76(5) or 77(5) and under the requirements of subsection 78(1), section 77.2 no longer applies and the board or council must follow the procedure set out in section 78. S.M. 2026, c. 26, s. 18 . Notice of adoption 79(1) As soon as practicable after a board or council adopts a zoning by-law, it must (a) send a copy of the by-law to the minister; and (b) send a notice stating that the by-law was adopted to every person who made a representation at the hearing held under subsection 74(1). Notice of resolution not to proceed 79(2) As soon as practicable after a board or council passes a resolution not to proceed with a zoning by-law, it must send a copy of the resolution to the minister and every person who made a representation at the hearing held under subsection 74(1). Notice to applicant 79(3) In the case of an amendment to a zoning by-law initiated under clause 80(1)⁠(b), notice under subsection (1) or (2) must also be given to the applicant. S.M. 2021, c. 36, s. 21 . AMENDMENTS Amending zoning by-law 80(1) An amendment to a zoning by-law may be initiated by (a) the board or council; or (b) the owner of the affected property, or a person authorized in writing by the owner, through an application made to the board or council. Application by owner may be refused 80(2) An application for an amendment to a zoning by-law under clause (1)⁠(b) may be refused if, in the opinion of the board or council, (a) it is without merit; (b) the proposed amendment is not generally consistent with the development plan by-law; or (c) it is the same as or substantially similar to an earlier application that was refused within one year before the day when the new application is made. Application process 80(2.1) In respect of an application for an amendment to a zoning by-law under clause (1)⁠(b), 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 80(2.2) 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 80(2.3) If the board or council determines under subsection (2.2) 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 80(2.4) The time period referred to in clause (2.1)⁠(b) may be extended by an agreement in writing between the applicant and the board or council. Amendment process 80(3) Subsection 73.1(2) and sections 74 to 79 apply to an amendment to a zoning by-law, with any necessary changes. S.M. 2018, c. 14, s. 16 ; S.M. 2022, c. 27, s. 38 ; S.M. 2025, c. 3, s. 2 . Development agreement as condition 81 As a condition of making an amendment to a zoning by-law, the board or council may require the owner of the affected property to enter into a development agreement under section 150. Exception for minor amendments 82(1) A board or council may apply to the minister to make a minor amendment to a zoning by-law, or to amend the by-law to correct an error or omission, without complying with subsection 80(3). The application must include a copy of the proposed amendment. Decision 82(2) The minister may give the board or council written authorization to amend the zoning by-law without giving public notice or holding a hearing, 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. APPEALS CONCERNING ZONING Appeal of refusal, rejection or conditions 82.1(1) In respect of an application for an amendment to a zoning by-law initiated under clause 80(1)⁠(b), the applicant may appeal to the Municipal Board (a) if a board or council resolves not to proceed with the by-law amendment; or (b) if, as a condition of amending the zoning by-law, the owner of the affected property is required to enter into a development agreement under section 150. No appeal if Municipal Board recommendations considered 82.1(1.1) Despite subsection (1), no appeal may be made in respect of an application for an amendment to a zoning by-law, or a condition imposed in respect of that amendment, when the Municipal Board's recommendations in its report on the by-law have been considered by the board or council in accordance with subsection 77.2(6). Right to appeal if failure to proceed 82.1(2) Subject to subsection (2.1), in respect of an application for an amendment to a zoning by-law initiated under clause 80(1)⁠(b), the applicant may appeal to the Municipal Board (a) if the board, council or planning commission fails to hold the public hearing or hearings required under section 74 within 90 days after the complete application is received by the board or council; (b) if section 75 applies and the board or council fails to take one of the following actions within 60 days after the hearing or hearings are held under section 74: (i) give the by-law second and third reading, (ii) resolve not to proceed with the by-law; (c) if section 76 applies and the board or council fails to take one of the following actions within 60 days after the hearing or hearings are held under section 74: (i) give the by-law third reading, (ii) resolve not to proceed with the by-law, (iii) refer the objections to the Municipal Board; or (d) if section 77 applies and the board or council fails to take one of the following actions within 60 days after the hearing or hearings are held under section 74: (i) give the by-law third reading, (ii) resolve not to proceed with the by-law, (iii) refer the objections to the Municipal Board. Extension by agreement 82.1(2.1) The time periods referred to in subsection (2) may be extended by an agreement in writing between the applicant and the board or council. How to appeal 82.1(3) An appeal may be commenced by sending a notice of appeal to the Municipal Board, (a) in the case of an appeal under subsection (1), within 14 days after the board or council (i) gives notice under subsection 79(3), or (ii) imposes a condition under section 150; or (b) in the case of an appeal under subsection (2), within 14 days after the board, council or planning commission fails to take an action described in clauses (2)⁠(a) to (d) within the specified time period. Notice of appeal 82.1(4) 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 relates to conditions imposed in a conditional approval, a description of the conditions being appealed. Appeal hearing 82.1(5) Subject to subsection 24(3.2) of The Municipal Board Act , the Municipal Board must hold a hearing to consider the appeal within 120 days after the notice of appeal is received. Notice of hearing 82.1(6) At least 14 days before the hearing, the Municipal Board must (a) send notice of the hearing to (i) the appellant, (ii) the applicable board, council or planning commission, (iii) the regional planning board, if any land within its region is subject to the by-law, and (iv) any other person the Municipal Board considers appropriate; and (b) give public notice of the hearing by publishing a notice on a publicly accessible website. Decision of Municipal Board 82.1(7) The Municipal Board must make an order (a) rejecting the proposed amendment to the zoning by-law; (b) confirming the proposed by-law or any part of it; or (c) directing the board or council to alter the by-law in the manner it specifies. The order may be subject to any terms or conditions the Municipal Board considers advisable. Effect of decision 82.1(8) The board or council must 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 subsection (7). Notice of decision 82.1(9) 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 and any other party to the appeal. Decision not subject to appeal 82.1(10) A decision of the Municipal Board on an appeal is final and not subject to further appeal. S.M. 2021, c. 36, s. 22 ; S.M. 2022, c. 26, s. 17 ; S.M. 2022, c. 27, s. 39 ; S.M. 2026, c. 26, s. 19 . 82.2 [Repealed] S.M. 2021, c. 36, s. 20 ; S.M. 2026, c. 26, s. 20 . GENERAL PROVISIONS Quashing of by-law 83 After a zoning by-law has been given third reading, it is deemed to have been within the power of the board or council to enact, and any proceeding to quash the by-law must be taken in accordance with Division 1 of Part 12 of The Municipal Act . Effect of zoning by-law on caveats 84(1) A zoning by-law does not rescind or affect the right of any person to enforce a restriction, interest or covenant affecting land if the restriction, interest or covenant is registered against the land in the land titles office. Development scheme is a restriction 84(2) For greater certainty, a development scheme registered under section 76.2 of The Real Property Act is a restriction for the purpose of subsection (1). S.M. 2011, c. 33, s. 50 . Zoning memorandum may be issued 85 A person with an interest in a building, parcel of land or operation involving the use of land may apply to the planning district or municipality for a zoning memorandum that states whether or not the building, parcel, use, or intensity of use appears to conform with the zoning by-law. NON-CONFORMING USES Continuance of lawfully existing non-conformities 86(1) Subject to sections 88 to 91, the enactment of a new zoning by-law does not affect any of the following that lawfully existed before the enactment of the new zoning by-law: (a) a building; (b) a parcel of land; (c) the use of land, or the intensity of a use of land. What constitutes existing building 86(2) Subsection (1) applies to a building if, on the date the zoning by-law is enacted, (a) the building is lawfully under construction; or (b) a permit for its construction is in force and effect, and construction of the building is started by the deadline set out in the permit. What constitutes existing parcel 86(3) Subsection (1) applies to a parcel of land if, on the date the zoning by-law is enacted, a conditional approval for subdivision of the land has been issued by the approving authority under section 126 or 126.1 and the subdivision is registered in the land titles office by the deadline set out in the approval. What constitutes existing use 86(4) Subsection (1) applies to a use of land, or the intensity of a use of land, if, on the date the zoning by-law is enacted, a permit or approval has been issued by the planning district or municipality authorizing the use of land or the intensity of the use of land. S.M. 2020, c. 23, s. 2 . Certificate of non-conformity 87 A person with an interest in a building, a parcel of land or an operation involving a use of land that does not comply with a zoning by-law may apply to the planning district or municipality for a certificate confirming that the building, parcel, use of land, or intensity of use was lawfully in existence before the enactment of the zoning by-law. The certificate is conclusive evidence of the facts stated in it. Cancellation of permits 88(1) A board or council may cancel a permit or approval issued under this Act if the development authorized by the permit or approval has not begun before the passing of a zoning by-law that prohibits the issuance of the permit or approval. Agreement on expenses 88(2) If a permit or approval is cancelled under subsection (1), the planning district or municipality must pay the holder of the permit or approval such expenses for preparation of plans and any promotion in respect of the development for which the permit or approval was issued as may be agreed upon with the district or municipality. Arbitration if no agreement 88(3) If no agreement can be reached under subsection (2), the holder of the permit or approval may require the planning district or municipality to submit the claim to arbitration by serving a written notice to that effect on the district or municipality. Conduct of arbitration 88(4) An arbitration of a claim under subsection (3) must be conducted by an arbitrator appointed under The Arbitration Act by the parties or, if they are unable to agree on an arbitrator, by an arbitrator appointed by the minister. Limits on construction 89(1) Construction may be carried out in respect of an existing building that does not conform with a zoning by-law if the construction (a) does not increase the non-conformity; and (b) otherwise conforms with the zoning by-law, other by-laws and any variance approved under this Part. Damaged non-conforming building 89(2) If (a) a building that does not conform with a zoning by-law is damaged or destroyed; and (b) the board or council determines that the cost of repairing or rebuilding the building is more than 50% of the cost of constructing an equivalent new building, or such greater percentage as may be specified in the zoning by-law; the building must not be repaired or rebuilt except in conformity with the zoning by-law and any variance approved under this Part. No increase or change in non-conforming use 90(1) If the existing use of a building or land does not conform with a zoning by-law, that use may not be intensified or changed to another non-conforming use. Non-conforming parcels 90(2) If the size or dimensions of an existing parcel of land do not conform with a zoning by-law, the owner of the land may (a) use the land for any use permitted under the by-law; and (b) if all other requirements of the by-law such as yards, building height, and floor area are met, construct or alter a building on the land. Discontinuance of non-conforming use 91(1) Unless the zoning by-law provides otherwise, if (a) the use of land, or the intensity of the use of land, does not conform with a zoning by-law; and (b) the non-conforming use, or non-conforming intensity of use, has been discontinued for more than 12 consecutive months; the land must not be used after that time except in conformity with the zoning by-law. Effect of change of ownership on use 91(2) A change of owners, tenants or occupants of land is not in itself a change of use of land for the purpose of subsection (1). Non-conformity may be altered by variance 92(1) The board or council may, on application by the owner, or a person authorized in writing by the owner, make a variance order authorizing (a) construction on a non-conforming building beyond that permitted under subsection 89(1); (b) an increase in the intensity of an existing non-conforming use, other than a variance to increase the number of animal units in a non-conforming livestock operation; (c) the repair or rebuilding of a non-conforming building that has sustained more damage than permitted under subsection 89(2); or (d) the extension of the 12-month time limit under subsection 91(1) for not more than 12 additional months. Variation procedure applies 92(2) An application under subsection (1) is subject to the hearing and approval process set out in Part 6. Acquiring non-conforming land or building 93 A planning district or municipality may, by purchase, lease, exchange, or expropriation under The Expropriation Act, acquire a parcel of land or building that does not conform with a zoning by-law. The parcel of land or building may be sold, leased or otherwise disposed of by the district or municipality. PART 6 VARIANCES Applicants 94(1) A person who believes that a zoning by-law adversely affects his or her property rights may apply for an order varying specific provisions of the by-law insofar as they apply to the affected property. Application to board or council 94(2) 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 94(3) The application must be in the form and accompanied by any supporting material and fee required by the board or council. Application process 94(3.1) In respect of an application for a variance under subsection (1), 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 94(3.2) 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 94(3.3) If the board or council determines under subsection (3.2) 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 94(3.4) The time period referred to in clause (3.1)⁠(b) may be extended by an agreement in writing between the applicant and the board or council. S.M. 2022, c. 27, s. 40 . Authority respecting variances 95 A board or council may, by by-law, authorize its planning commission to consider and make decisions on applications for variances or specified types of variances. Applications must be referred to the planning commission in accordance with the by-law. Public hearing 96 Upon receiving an application under section 94, 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 97(1) After holding the hearing, the board, council or planning commission must make an order, (a) rejecting the requested variance; or (b) varying the application of specific provisions of the zoning by-law with regard to the affected property in the manner specified in the order if the variance (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, (iii) is the minimum modification of a zoning by-law required to relieve the injurious affect of the zoning by-law on the applicant's property, and (iv) is generally consistent with the applicable provisions of the development plan by-law, the zoning by-law and any secondary plan by-law. Restrictions on variances 97(2) A variance order must not be made if it makes a change of land use other than (a) a temporary change of land use for a period of not more than five years; or (b) a change of land use to a use that is substantially similar to a use permitted under the zoning by-law being modified by the variance. Conditions of order 98(1) In making a variance order under clause 97(1)⁠(b), the board, council or planning commission may (a) impose any conditions on the applicant or the owner of the affected property that it considers necessary to meet the requirements of clause 97(1)⁠(b); and (b) require the owner of the affected property to enter into a development agreement under section 150. Revoking variance order 98(2) A variance order may be revoked if the applicant or the owner of the affected property fails to comply with the variance order or any condition imposed under subsection (1). Notice of decision 99 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 96. No appeal 100(1) The order of a board or council on an application for a variance is final and not subject to appeal. Appeal of planning commission order 100(2) The order of a planning commission on an application for a variance may be appealed in accordance with sections 34 and 35 (appeal of decision by commission). Expiry of variance order 101(1) A variance order 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 101(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. 2022, c. 27, s. 41 .

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.

Exception 137.2(2) Subsection (1) does not apply in respect of a parcel of land if a school division or school district has issued tenders for the construction of a school building on that parcel. Definitions 137.2(3) The following definitions apply in this section. "advertise" means to advertise by any means and includes making oral representations. (« annoncer ») "developer" means a person who, directly or indirectly, owns, leases or has the right to acquire or dispose of four or more parcels that are shown on the same plan of subdivision. (« promoteur ») S.M. 2011, c. 38, s. 14 ; S.M. 2020, c. 21, s. 137 . Offence 137.3 A person who contravenes subsection 137.2(1) is guilty of an offence and is liable on summary conviction, (a) in the case of an individual, to a fine of not more than $5,000; and (b) in the case of a corporation, to a fine of not more than $25,000. S.M. 2011, c. 38, s. 14 . USE AND DISPOSAL OF PUBLIC RESERVE LAND Uses of public reserve land 138(1) Public reserve land may be used only for (a) a public park; (b) a public recreation area; (c) a natural area; (d) a planted buffer strip separating incompatible land uses; (e) public works; or (f) works of municipalities. Land deemed to be public reserve land 138(2) If land that is registered in the name of a municipality (a) is used as a public park or public recreation area; and (b) has not been designated as public reserve land as a result of a registered plan of subdivision; it is deemed to be public reserve land for purposes of this Act. S.M. 2026, c. 40, s. 2 . Definition of "eligible grantee" 138.1(1) In this section, "eligible grantee" means an eligible grantee as defined in subsection 111(1) of The Real Property Act . Public reserves — statutory easements 138.1(2) A right over public reserve land in respect of the activities or undertakings described in subsection 111(3) of The Real Property Act may be granted to an eligible grantee by the following: (a) where the land is situated in a municipality, the municipality; (b) where the land is situated in Northern Manitoba, the minister within the meaning of Part 10; (c) where the land is situated in unorganized territory, the Crown in right of Manitoba. Effect of registration 138.1(3) Once registered in accordance with section 111.1 of The Real Property Act , the right is a statutory easement under that Act. S.M. 2026, c. 40, s. 2 . Closing public reserve land 139(1) Subject to subsection (2), a municipality may close public reserve land, whether the land is in the name of the municipality or the Crown in right of Manitoba, by (a) passing a by-law to close the public reserve land; (b) obtaining written approval of the by-law from the minister; and (c) registering the approved by-law and, if required by a district registrar, a plan in the appropriate land titles office. Notice and hearing of public reserve closing 139(2) Before giving second reading to a by-law to close public reserve land, the council must (a) hold a public hearing to receive representations from any person on the proposed by-law; and (b) give notice of the hearing in accordance with section 169. S.M. 2018, c. 14, s. 23 . Money in place of reserve land 140(1) The following money must be accounted for separately: (a) money that the council receives from the sale or lease of land that was dedicated under section 135, item 6(a) or (b), if the council determines that the land was not required for a public purpose; or (b) money paid to a municipality under subsection 136(1) in place of a dedication. Use of money 140(2) Money referred to subsection (1) and interest earned on the money may be used only for public parks or other recreational purposes. Money in place of school lands 141(1) The following money must be accounted for separately: (a) money that a school board receives from the sale or lease of land that was dedicated under section 135, item 6(c), if the school board determines that the land is not required for school purposes; (b) money paid to a school division or school district under subsection 136(1) in place of a dedication. Use of school lands, money 141(2) Money referred to in subsection (1) and interest earned on the money may be used only for capital expenditures. Notice of intention to dispose of land and hearing 141(3) When a school board proposes to dispose of land dedicated under section 135, item 6(c), it must give public notice of the proposal and must hold a public hearing to receive representations from persons and entities who may be affected. FEES, CHARGES AND CAPITAL LEVIES By-laws establishing fees and charges 142(1) A board or council may, by by-law, set the fees and charges to be paid by applicants. Examination and approval services 142(2) Fees and charges may relate to technical, administrative, professional, consultative or other services required by the municipality or planning district to examine and approve a subdivision application. Levies established by by-law 143(1) A council may, by by-law, set the levies to be paid by applicants to compensate the municipality for the capital costs specified in the by-law that may be incurred by the subdivision of land. Establishment of reserve funds 143(2) A council must establish a reserve fund under The Municipal Act into which the levies are to be paid. OBSOLETE PLANS OF SUBDIVISION Obsolete plans of subdivision 144(1) A council may, by by-law, declare that a plan of subdivision, or any part of a plan, that has been registered for eight years or more is not a registered plan of subdivision for the purpose of this Part. Registration in land titles office 144(2) Immediately after first reading of the by-law, the council must register a certified copy of the proposed by-law in the appropriate land titles office. After registration, no person may subdivide a parcel contained in a plan of subdivision to which the proposed by-law applies, without the approval of the approving authority. Notice and hearing 144(3) After first reading of the by-law, the council must (a) hold a public hearing to receive representations from any person on the proposed by-law. The hearing date must be no more than 40 days after the first reading of the by-law; and (b) give notice of the hearing in accordance with section 169. Action of planning authority 144(4) After the public hearing, the council must (a) give second and third readings to the by-law; or (b) pass a resolution not to proceed, in whole or in part, with the by-law. Decision distributed 144(5) The council must send a certified copy of a by-law or resolution made under subsection (4) to the minister and each person who made a representation at the public hearing, and must register a copy in the land titles office. Discharge 144(6) Upon registration of the by-law or resolution at the land titles office, the copy of the proposed by-law registered under subsection (2) must be discharged from the land titles office. Plan declared obsolete cannot be revived 144(7) After a council has passed a by-law under this section, it may not pass a subsequent by-law to revive or partially revive the plan of subdivision. CANCELLING PLANS OF SUBDIVISION Application for order cancelling or amending registered plan 145(1) A council may apply to the Municipal Board for an order cancelling, in whole or in part, or amending a registered plan of subdivision to facilitate the physical development of a municipality. Notice of hearing 145(2) The Municipal Board must give notice of the date, time and place of a hearing to consider the application to the owner, the municipality and any other person the board considers appropriate. Decision of Municipal Board 145(3) After holding the hearing, the Municipal Board must make an order (a) rejecting the application; (b) directing the cancellation, in whole or in part, or the amendment of the registered plan, subject to any terms and conditions it considers necessary; or (c) directing a new plan to be registered subject to any terms and conditions it considers necessary. The order has the effect of waiving the requirements of clause 117(6)⁠(g) of The Real Property Act. Municipal Board Act applies 145(4) Sections 96 to 103 of The Municipal Board Act apply to an application made under this section, with necessary changes. Principles of re-subdivision of a cancelled plan 145(5) Notwithstanding sections 96 to 103 of The Municipal Board Act , the following principles apply to an application under this section: (a) all parcels of land, including public roads and other public lands within the area covered by the application, are deemed to be a single unit of land; (b) the land required for public roads and other public lands must be taken from the single unit and the remainder divided among the owners in a suitable and equitable manner. Municipality as owner 145(6) For the purpose of clause (5)⁠(b), the municipality is deemed to be an owner of land. REGULATIONS Subdivision regulations 146(1) The Lieutenant Governor in Council may make regulations (a) respecting applications for subdivision approval, including regulations (i) respecting the procedures to be followed by applicants, a council, the approving authority and other interested persons, (i.1) respecting time periods for processing applications by approving authorities under section 124, (ii) respecting the form of applications and the maps, documents and other information that must be submitted, (iii) prescribing fees to be paid by applicants, (iv) respecting the process for referring applications to government departments and agencies and other affected persons, which may be different for applications for minor subdivisions; (v) respecting minor subdivisions which may be dealt with under subsection 124(3); (b) respecting subdivision standards and requirements; (c) respecting criteria the approving authority must use when considering a subdivision application; (d) prescribing provisions of the regulations that a municipality or planning district may, by by-law, replace, waive or vary where their application would be unreasonable or impractical; (e) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Part. Regulations may be limited 146(2) A regulation under subsection (1) may apply to the whole or any part of the province. S.M. 2013, c. 37, s. 11 ; S.M. 2021, c. 36, s. 30 . PART 9 DEVELOPMENT REQUIREMENTS DEVELOPMENT PERMITS Development permit required 147(1) No development may take place unless (a) a development permit has been issued in accordance with the applicable zoning by-law; and (b) the development complies with the permit. Application to board or council 147(2) An application for a development permit must be made (a) to the board of the planning district in which the proposed development is located; or (b) if the proposed development is not located in a planning district, to the council of the municipality in which the proposed development is located. Application process 147(3) In respect of an application for a development permit under subsection (2), a designated employee or officer of a planning district or municipality must (a) send the applicant confirmation of the date that the planning district or municipality received the application; and (b) within 20 days after the application is received, determine if the application is complete. When application is complete 147(4) An application is complete if, in the opinion of the designated employee or officer, the application contains the documents, fees and other information necessary to review the application. If application is incomplete 147(4.1) If the designated employee or officer determines under subsection (4) that the application is incomplete, the designated employee or officer must give the applicant notice that identifies any missing documents, fees or other information. Extension by agreement 147(5) The time period referred to in subsection (3) may be extended by an agreement in writing between the applicant and the planning district or municipality. Applications to be forwarded 147(6) The designated employee or officer must ensure that a complete application is forwarded to the board or council as soon as reasonably practicable. S.M. 2021, c. 36, s. 31 ; S.M. 2022, c. 27, s. 48 ; S.M. 2023, c. 10, s. 35 . Decision on development permit 148(1) The board or council may issue the development permit if it is satisfied that the proposed development generally conforms with the applicable provisions of the development plan by-law, the zoning by-law and any secondary plan by-law. Review of application 148(2) The board or council may review the application for a period of not longer than 60 days after it is submitted to determine if the proposed development meets the requirements of subsection (1). Withholding development permit 148(3) The board or council may withhold issuing the permit for a further 90 days after the review period under subsection (2) if, at the time the application was made, (a) the board or council had authorized the preparation of a development plan by-law, zoning by-law, or secondary plan by-law, or an amendment to any of those by-laws; and (b) the proposed development does not generally conform with the proposed development plan by-law, zoning by-law, secondary plan by-law, or any proposed amendment to those by-laws. Refusal to issue withheld permit 148(4) The board or council may refuse to issue a development permit if (a) the proposed by-law or amendment is passed within the period referred to in subsection (3); and (b) the proposed development does not generally conform with the development plan by-law, zoning by-law, or secondary plan by-law, as adopted or amended. No further withholding 148(5) If the proposed by-law or amendment is not passed within the period referred to in subsection (3), the board or council must issue the development permit if the proposed development generally conforms with the development plan by-law, the zoning by-law and any secondary plan by-law in effect at the time the application was made. 148(6) [Repealed] S.M. 2026, c. 26, s. 32 . S.M. 2021, c. 48, s. 19 ; S.M. 2026, c. 26, s. 32 . Dwelling units permitted on a parcel 149 No person may be issued a development permit to construct more than one dwelling unit or mobile home on a parcel of land, unless permitted to do so under the zoning by-law. 149.1 [Not yet proclaimed] Appeals re development permits 149.2(1) In respect of an application for a development permit, the applicant may appeal the following decisions of a board or council to the Municipal Board: (a) a decision to reject the application; (b) a decision to impose conditions on the issuance of a development permit. Right to appeal if failure to issue permit 149.2(2) If the board or council fails to make a decision on an application in the applicable time period described under section 148, the applicant may consider their application to have been rejected and may appeal the matter to the Municipal Board. Application 149.2(3) Subsections 82.1(3) to (10) apply, with necessary changes, to an appeal under this section. 149.2(4) and (5) [Repealed] S.M. 2026, c. 26, s. 33 . S.M. 2021, c. 36, s. 32 ; S.M. 2026, c. 26, s. 33 . DEVELOPMENT AGREEMENTS Development agreements 150 As a condition of amending a zoning by-law, making a variance order or approving a conditional use, a board, council or planning commission may, unless this Act provides otherwise, require the owner of the affected property to enter into a development agreement with the planning district or municipality in respect of the affected property and any contiguous land owned or leased by the owner dealing with one or more of the following matters: (a) the use of the land and any existing or proposed building; (b) the timing of construction of any proposed building; (c) the siting and design, including exterior materials, of any proposed building; (c.1) the provision of affordable housing, if the application is for an amendment to a zoning by-law to permit a new residential development that is subject to a requirement under subsection 71(5); (d) the provision of parking; (e) landscaping, the provision of open space or the grading of land and fencing; (f) 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 and connections to existing services; (g) the payment of a sum of money to the planning district or municipality in lieu of the requirement under clause (f) to be used for any of the purposes referred to in that clause; (h) the dedication of land or payment of money in lieu thereof, where the application is for an amendment to a zoning by-law to permit a residential use, use for a mobile home park or an increase in residential density, in which case item 6 of section 135 applies to the dedication. S.M. 2013, c. 25, s. 4 . Development agreements for affordable housing 150.1 A development agreement that deals with the matters described in clause 150(c.1) may contain terms and conditions respecting (a) the provision of affordable housing, including the number, type and extent of the dwelling units; and (b) the measures that are required to be taken and maintained so that the housing remains affordable over the long term. S.M. 2013, c. 25, s. 5 . Registering development agreements 151(1) Any development agreement under this Act may provide that it runs with the land, and when a caveat with a copy of such an agreement attached is filed in the appropriate land titles office, the agreement binds the owner of the land affected by it, and the owner's heirs, executors, administrators, successors and assigns. Agreement before amendment or order 151(2) A development agreement under this Act can be entered into before an order, approval or amendment to a by-law is made, but the agreement is not binding until the amendment has passed or the order or approval has been made. Failing to conclude development agreement 151.0.1(1) Subject to subsection (2), if a board, council or planning commission and the owner of the affected property are unable to agree to the terms or conditions of a development agreement within 90 days after the agreement is required under item 3 of section 135 or under section 150, the owner may appeal the matter to the Municipal Board under clause 151.0.3(1)⁠(a). Extension by agreement 151.0.1(2) The time period referred to in subsection (1) may be extended by an agreement in writing between the owner of the affected property and the board, council or planning commission. S.M. 2021, c. 36, s. 33 ; S.M. 2022, c. 27, s. 49 ; S.M. 2026, c. 26, s. 34 . Application to amend a development agreement 151.0.2(1) The owner of property that is subject to a development agreement may apply to the planning district or municipality to amend the agreement. Application process 151.0.2(1.1) In respect of an application for an amendment to a development agreement under subsection (1), the planning district or municipality must (a) send the applicant confirmation of the date that the planning district or municipality received the application; and (b) within 20 days after the application is received, determine if the application is complete. If application is complete 151.0.2(1.2) An application is complete if, in the opinion of the planning district or municipality, the application contains the documents, fees and other information necessary to review the application. If application is incomplete 151.0.2(1.3) If the planning district or municipality determines under subsection (1.2) that the application is incomplete, the planning district or municipality must give the applicant notice that identifies any missing documents, fees or other information. Extension by agreement 151.0.2(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 planning district or municipality. Decision 151.0.2(2) On receiving an application, a planning district or municipality may agree to vary the conditions of a development agreement, require new conditions or reject the application. S.M. 2021, c. 36, s. 33 ; S.M. 2022, c. 27, s. 50 . Appeals re development agreement 151.0.3(1) An applicant may appeal the following to the Municipal Board: (a) in respect of a development agreement required under item 3 of section 135 or under section 150, the terms and conditions to be included in such an agreement; (b) in respect of an application to amend a development agreement made under subsection 151.0.2(1), (i) a decision of a board or council to reject the application, or (ii) a decision of a board or council to require a new or varied condition in a development agreement. Right to appeal if failure to decide 151.0.3(2) Subject to subsection (2.1), if the board or council fails to make a decision on an application to amend a development agreement within 90 days after the complete application is received by the board or council, the applicant may consider their application to have been rejected and may appeal the matter to the Municipal Board. Extension by agreement 151.0.3(2.1) The time period referred to in subsection (2) may be extended by an agreement in writing between the applicant and the board or council. How to appeal 151.0.3(3) An appeal may be commenced by sending a notice of appeal to the Municipal Board, (a) in the case of an appeal under clause (1)⁠(a), within 14 days after the expiry of the time period for coming to an agreement under section 151.0.1; (b) in the case of an appeal under clause (1)⁠(b), within 14 days after the board or council makes a decision described in that clause; or (c) in the case of an appeal under subsection (2), within 14 days after the board, council or planning commission fails to make a decision on the application within the time period specified. Notice of appeal 151.0.3(4) 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 relates to conditions imposed in a development agreement, a description of the conditions being appealed. Appeal hearing 151.0.3(5) Subject to subsection 24(3.2) of The Municipal Board Act , the Municipal Board must hold a hearing to consider the appeal within 120 days after the notice of appeal is received. Notice of hearing 151.0.3(6) At least 14 days before the hearing, the Municipal Board must (a) send notice of the hearing to (i) the appellant, (ii) the applicable board, council or planning commission, (iii) the regional planning board, if any land within its region is subject to the by-law, and (iv) any other person the Municipal Board considers appropriate; and (b) give public notice of the hearing by publishing a notice on a website available to the public. Decision of Municipal Board 151.0.3(7) The Municipal Board must make an order (a) rejecting the requirement that the applicant enter a development agreement; or (b) specifying or confirming the content of the development agreement. The order may be subject to any terms or conditions the Municipal Board considers advisable. Notice of decision 151.0.3(8) The Municipal Board must make the 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 and any other party to the appeal. Decision not subject to appeal 151.0.3(9) A decision of the Municipal Board on an appeal is final and not subject to further appeal. S.M. 2021, c. 36, s. 33 ; S.M. 2022, c. 26, s. 17 ; S.M. 2022, c. 27, s. 51 ; S.M. 2026, c. 26, s. 35 . 151.0.4 [Repealed] S.M. 2021, c. 36, s. 33 ; S.M. 2026, c. 26, s. 36 . CONFORMING CONSTRUCTION AGREEMENTS Agreements 151.1(1) As a condition of issuing a building permit or making a variance order, a permitting authority may require the owner or owners of each parcel of land affected by the permit or order to enter into a conforming construction agreement with the authority. Purpose 151.1(2) A conforming construction agreement is to address either or both of the following: (a) the required separation between buildings by having the limiting distance be measured from an exposing building face to a point that (i) is beyond the lot line of the parcel of land on which it is constructed, and (ii) is not on a street, lane or public thoroughfare; (b) the required access to public thoroughfares from building exits and to public streets from a parcel of land through use of neighbouring parcels of land. Content 151.1(3) A conforming construction agreement must (a) set out the legal description of each affected parcel of land; (b) provide that each owner agrees to one or both of the following: (i) that a building will not be constructed on an affected parcel of land unless the limiting distance for an exposed building face in respect of the proposed construction is measured in accordance with the agreement, (ii) that access to a public street or a public thoroughfare from an affected parcel of land be permitted through one or more adjacent affected parcels; (c) provide that the agreement runs with the land; and (d) be executed by (i) each person who is, or is entitled to be, an owner of each affected parcel of land, and (ii) the permitting authority. An agreement may also provide that the owner or owners indemnify the permitting authority in respect of the agreement. Effect of agreement 151.1(4) When the conforming construction agreement is registered in the appropriate land titles office, the agreement binds the owner or owners of the affected parcels of land, and their heirs, executors, administrators, successors and assigns. Definitions 151.1(5) The following definitions apply in this section. "building permit" means a permit issued by an authority having jurisdiction authorizing the construction or alteration of all or part of any building. (« permis de construction ») "permitting authority" means (a) in relation to a conforming construction agreement that deals with construction of a building, the authority having jurisdiction to issue a building permit in respect of the building; and (b) in relation to a conforming construction agreement that deals with a variance to a zoning by-law, the municipality or planning district that made the by-law. (« autorité compétente ») S.M. 2017, c. 5, s. 4 . PART 10 NORTHERN MANITOBA INTERPRETATION Meaning of "minister" 152(1) In this Part, "minister" means the minister appointed by the Lieutenant Governor in Council to administer The Northern Affairs Act . Definitions from Northern Affairs Act 152(2) In this Part, the following terms have the same meaning as they have in The Northern Affairs Act : "community" , "community council" , "incorporated community" . S.M. 2006, c. 34, s. 263 . APPLICATION TO NORTHERN MANITOBA Application to Northern Manitoba 153(1) Subject to this Part, this Act applies to Northern Manitoba, with necessary changes. References to "minister" 153(2) With the exception of Part 8 (Subdivision Control), when this Act is being applied to Northern Manitoba, a reference in any provision of this Act to "the minister" means the minister appointed by the Lieutenant Governor in Council to administer The Northern Affairs Act . Incorporated communities 154 For the purposes of this Act, (a) an incorporated community is deemed to be a municipality; and (b) the council of an incorporated community is deemed to be a municipal council. S.M. 2006, c. 34, s. 263 . Unincorporated areas 155 For the purposes of this Act, the minister is deemed to be the council for an area of Northern Manitoba that is not in an incorporated community. Delegation of minister's authority 156(1) The minister may, by regulation, delegate his or her authority as a council under section 155 to the community council for a community to do one or more of the following: (a) adopt a development plan by-law and zoning by-law for the community; (b) administer and enforce the development plan by-law and zoning by-law, including making variance orders and approving conditional uses; (c) issue development permits; (d) enter into development agreements. Delegation subject to terms and conditions 156(2) A delegation under subsection (1) may be subject to terms and conditions set out in the regulation. S.M. 2006, c. 34, s. 263 . Municipal Board 157 The minister may appoint one or more persons to perform the functions of the Municipal Board with respect to any matter under this Act involving Northern Manitoba. LAND USE PLANNING Land use control may be adopted 158(1) A development plan by-law and a zoning by-law may be adopted for any part of Northern Manitoba in accordance with this Part. Adoption by incorporated communities 158(2) A development plan by-law and a zoning by-law for an incorporated community must be adopted by the incorporated community's council. Adoption by communities 158(3) A development plan by-law and a zoning by-law for a community must be adopted by the minister, unless the minister has delegated that authority to the community council for the community in a regulation made under subsection 156(1). Adoption in other areas of Northern Manitoba 158(4) A development plan by-law and a zoning by-law for any part of Northern Manitoba that is not in an incorporated community or a community must be adopted by the minister. S.M. 2006, c. 34, s. 263 . Modified adoption of development plan by-law 159 When a development plan by-law for a community is prepared by the community council, the normal adoption process under this Act is modified in the following manner: (a) the minister is not required to approve the by-law under subsection 51(1); (b) if the minister does not refer the by-law to the Municipal Board under section 49, the council may give third reading to the by-law 60 days after the by-law is submitted to the minister under subsection 47(1); (c) if the minister refers the by-law to the Municipal Board under section 49, the council may give third reading to the by-law 60 days after the minister provides the council with a copy of the Municipal Board report provided under subsection 50(2). S.M. 2006, c. 34, s. 263 . Filing requirement 160(1) A community council that has adopted a development plan by-law or a zoning by-law must file a copy of the by-law with the minister in accordance with regulations made by the minister. Delayed coming into force 160(2) A by-law filed with the minister under subsection (1) comes into force 30 days after the day it was filed. Disallowing by-law 160(3) The minister may disallow a development plan by-law or a zoning by-law filed under subsection (1), in whole or in part, by written notice to the community council. Upon disallowance, the by-law or the disallowed part of it ceases to be in effect and is deemed to be repealed. S.M. 2006, c. 34, s. 263 . Transitional provisions apply 161 When an area of Northern Manitoba is not subject to a development plan by-law or a zoning by-law, applications for the expansion or development of livestock operations must be dealt with in accordance with section 208 or 209. SUBDIVISION CONTROL Approving authority for subdivision 162 Despite subsection 152(1), the minister appointed by the Lieutenant Governor in Council to administer this Act is the approving authority for any application to subdivide land in Northern Manitoba. PART 11 NOTICES, HEARINGS AND DECISIONS DIVISION 1 NOTICES GENERAL Sending notice 163(1) When any notice or other document under this Act must be given or sent to a person, it may be (a) personally delivered to the person; (b) sent by ordinary mail to the person; or (c) sent by e-mail or other method of electronic communication to the person, but only if the person has agreed in writing that the notice or document may be sent to the person by e-mail or other method of electronic communication. Deemed receipt 163(2) A notice or other document sent by ordinary mail to a person is deemed to be received by the person on the fourth day after it is mailed. S.M. 2018, c. 14, s. 24 . Alternate service 164 If for any reason it is not possible or reasonable to give or send a notice or other document to a person in accordance with section 163, the notice or document is deemed to be sent to the person if a copy of it is posted at the office of the applicable planning district or municipality in a conspicuous manner for seven consecutive days. S.M. 2021, c. 46, s. 17 . Notice for written submissions 165 If this Act requires a notice to be given to a person who made a representation at a hearing and a written submission was made at the hearing on behalf of more than one person, notice is deemed to have been given if the notice is sent to one of those persons. NOTICE OF HEARINGS Notice of hearing 166 Subject to the regulations, when notice of a hearing is required to be given under this Act, it must meet the applicable requirements of this Division. S.M. 2023, c. 10, s. 35 . Contents of notice 167 Notice of a hearing held under this Act must (a) give the date, time and place of the hearing; (b) give a summary of the matter to be considered at the hearing; (c) state that any person may make a representation on the matter at the hearing; (d) state that documents related to the matter to be considered at the hearing may be inspected or copied at the office of the applicable planning district or municipality and any other location specified in the notice; (e) in the case of a hearing to consider a proposed by-law of general application, describe the area affected, by reference to designations or zones in the planning district or municipality, or state that the by-law applies to the entire district or municipality; and (f) in the case of a hearing to consider a matter affecting a specific property, identify the location of that property by its civic address or legal description. S.M. 2021, c. 48, s. 19 . Notice re planning districts, development plans and zoning by-laws 168(1) Notice of any the following hearings must be given in accordance with this section: (a) a hearing on the establishment of a planning district under subsection 16(3); (b) a hearing on the alteration or dissolution of a planning district or the amalgamation of planning districts under section 27 or 28; (c) a hearing on the adoption of a development plan by-law under subsection 46(1); (d) a hearing on the adoption of a zoning by-law or a secondary plan by-law under subsection 74(1); (e) a hearing on a proposal to establish a planning region under subsection 10(3); (e.1) a hearing on a proposal to become a regional member municipality of or to withdraw from the Capital Planning Region under subsection 8(4); (f) a hearing on the adoption of a regional planning by-law under subsection 10.7(4). Notice of a public hearing 168(2) Notice of the hearing must be given in accordance with one of 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 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 (ii) by posting the notice prominently on the website of the newspaper for at least 14 days before 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 at least 14 days before the hearing. Required notice 168(3) At least 27 days before the hearing, a copy of the notice of the hearing must be sent (a) to the applicant, if there is one; (b) to the minister; (c) to all adjacent planning districts and municipalities; (d) when the hearing is held by the council of a municipality that is part of a planning district, to that planning district and all other municipalities in the district; and (e) when the hearing is held by the board of a planning district, to all municipalities in the district. Notice to affected property owners 168(4) If the hearing is held to consider an amendment to a by-law that would affect a specific property, (a) a copy of the notice of hearing must be sent at least 14 days before the hearing to the owner of the affected property, and every owner of property located within 100 metres of the affected property; or (b) where the affected property is not remote or inaccessible, a copy of the notice of hearing must be posted on the affected property in accordance with section 170. S.M. 2021, c. 36, s. 35 ; S.M. 2021, c. 46, s. 18 ; S.M. 2025, c. 4, s. 9 . Notice re certain applications 169(1) Notice of any of the following hearings must be given in accordance with this section: (a) a hearing on an application for a variance under section 96; (b) a hearing on an application to approve a conditional use under section 105, except for an application subject to Division 2 of Part 7 (Large-scale conditional use livestock operations); (c) a hearing on an application for subdivision under subsection 125(2); (d) a hearing on the adoption of a by-law to close public reserve land under subsection 139(2); (e) a hearing on the adoption of a by-law to declare an obsolete plan of subdivision under subsection 144(3). Required notice 169(2) At least 14 days before the hearing, a copy of the notice of hearing must (a) be sent to the applicant, if there is one; (b) be posted at the office of the applicable planning district or municipality in a conspicuous manner; (c) be sent to the minister, in the case of a hearing to consider a by-law to close public reserve land or the declaration of an obsolete plan; and (d) be sent to the minister, or the board of the applicable planning district if the board has been designated as an approving authority under section 120, in the case of a hearing to consider a subdivision application. Notice to affected property owners 169(3) A copy of the notice of hearing (a) must be sent at least 14 days before the hearing to every owner of property located within 100 metres of the affected property; or (b) where the affected property is not remote or inaccessible, must be posted on that property in accordance with section 170. Notice of variance involving livestock operations 169(4) If a hearing is to be held to consider an application (a) by the owner of property to vary a separation distance between a building on the property and a livestock operation, a copy of the notice of hearing must be sent to the owner of the livestock operation; and (b) by the owner of a livestock operation to vary a separation distance involving the operation, a copy of the notice of hearing must be sent to every owner of property located within the separation distance that is proposed to be varied. Notice of a conditional use involving an aggregate quarry 169(5) Despite subsection (2), a copy of a notice of hearing on an application to approve a conditional use respecting an aggregate quarry, as defined in subsection 1(1) of The Mines and Minerals Act , must be sent to the minister at least 60 days before the matter is heard, as provided for under section 105. S.M. 2018, c. 14, s. 25 ; S.M. 2021, c. 36, s. 36 ; S.M. 2021, c. 46, s. 19 . Posting requirements 170(1) If notice of a hearing is required to be posted on an affected property under this Act, the notice must be (a) at least 28 x 43 centimetres in size with the words "NOTICE OF PUBLIC HEARING" printed in large bold letters; (b) posted outdoors for 14 days immediately before the date of the hearing (i) in conspicuous locations on the site of the property, (ii) facing each public road adjacent to the property, and (iii) not more than 1 metre inside the boundary lines of the property; and (c) kept in legible form. Proof of posting 170(2) Evidence that a notice was posted on two occasions at least six days apart during the 14 day period referred to in clause (1)⁠(b) is proof that the notice was posted for the entire 14 day period. Inspection of documents 171 The applicable planning district or municipality must (a) allow persons to inspect documents related to the matter to be considered at the hearing at its office at the times set out in the notice; and (b) provide copies of the documents for a reasonable fee. DIVISION 2 HEARINGS Conduct of hearing 172(1) A body holding a hearing under this Act must (a) subject to subsection (2), hold the hearing at the date, time and place set out in the notice of hearing; (b) unless otherwise specified in this Act, hear any person who wishes to make a representation on the matter to be considered at the hearing; and (c) keep written minutes of the hearing. Method of hearing 172(1.1) A hearing under this Act may be conducted partially or entirely by means of an electronic or other communication facility if those persons using the facility are able to hear the proceedings of the meeting and participate in the meeting to the extent authorized by this Act. Adjournment 172(2) A hearing under this Act may adjourned to a fixed date. Unless the new hearing date is announced at the time of adjournment, the body holding the hearing must give notice of the continuation of the hearing as if it were a new hearing. S.M. 2021, c. 46, s. 20 ; S.M. 2026, c. 26, s. 37 . Representations 173(1) A person may make a representation at a hearing under this Act by (a) making an oral submission at the hearing; or (b) filing a written submission with the body holding the hearing, before or at the hearing. Recording representations 173(2) The body holding the hearing must keep a record of all representations made at the hearing. Combined hearings 174(1) If a development application would require a board, council or planning commission, or the Municipal Board, to hold multiple hearings because the application requires (a) amendments to more than one by-law; or (b) other approvals that require hearings; the board, council, planning commission or the Municipal Board may hold all of the required hearings related to the proposal that it has jurisdiction to hold together in a single combined hearing. Notice of combined hearings 174(2) The notice of hearing for each matter to be considered at a combined hearing may be combined into a single notice of hearing as long as that notice meets all of the requirements of Division 1. Effect of combined hearing 174(3) Subject to any extensions that apply, if a combined hearing is held but a decision on the application is not made within 30 days after the end of the longest time period applicable under subsection 82.1(2) or 125(4.1) or section 125.3, 151.0.1 or 151.0.3, the applicant may consider their application to have been rejected and may appeal the matter to the Municipal Board, and subsections 82.1(3) to (9) apply, with necessary changes, to the appeal. S.M. 2021, c. 36, s. 37 ; S.M. 2022, c. 24, s. 28 ; S.M. 2022, c. 27, s. 52 (as amended by S.M. 2024, c. 9, s. 9 ). DIVISION 3 DECISIONS Reasons to be provided 174.1 A regional planning board, a board, a council, a planning commission or a designated employee or officer must ensure that written reasons accompany the following decisions: (a) a decision to resolve not to adopt a development plan by-law, secondary plan by-law or a zoning by-law, including a decision not to adopt an amendment to any of them, on application made by an owner of the affected property; (b) a decision to reject an application for a conditional use; (c) a decision to reject an application for subdivision approval. S.M. 2021, c. 36, s. 38 . PART 12 ENFORCEMENT Authority to inspect and enforce 175(1) A designated employee or officer of a planning region, planning district or municipality may, in accordance with the requirements of this Part, enter land or a building (a) to conduct an inspection to determine if a person is complying with any of the following: (i) a by-law adopted under this Act that the region, district or municipality is authorized to enforce, (ii) the terms or conditions of a permit, approval or order made or issued under this Act, and (b) to take any action authorized under this Act or a by-law to enforce or remedy a contravention of any matter referred to in clause (a). Related inspection powers 175(2) When conducting an inspection, the designated employee or officer may (a) request that anything be produced to assist in the inspection; (b) make copies of anything related to the inspection; and (c) on providing a receipt, remove a record, document or other item related to the inspection. No interference 175(3) No person may interfere with a designated employee or officer who is conducting an inspection or enforcement action. S.M. 2021, c. 36, s. 39 . Requirements 176(1) An inspection or enforcement action under section 175 must take place at a reasonable time and after reasonable notice has been given to the owner or occupier of the land or building. The designated employee or officer may enter the land or building in question only with the consent of the occupier or under authority of a warrant issued under section 177. Identification 176(2) The designated employee or officer must, upon request, produce identification showing that he or she is authorized by the planning region, planning district or municipality to conduct the inspection or enforcement action. No notice in emergencies 176(3) In an emergency, or in extraordinary circumstances, the designated employee or officer is not required to give reasonable or any notice to enter land or a building, and may take any inspection or enforcement action without the consent of the owner or occupier of the land or building and without a warrant. S.M. 2021, c. 36, s. 40 . Warrant 177 A justice, upon being satisfied by information on oath that (a) a designated employee or officer has been refused entry to land or a building that he or she is entitled to inspect or carry out an enforcement action on; or (b) a designated employee or officer reasonably anticipates that entry to the land or building will be refused; may, upon application without notice, issue a warrant authorizing the designated employee or officer and any other person named in the warrant to enter the land or building and conduct an inspection or enforcement action. Order to remedy contravention 178(1) If the designated employee or officer finds that a person is contravening (a) a by-law adopted under this Act that the planning region, planning district or municipality is authorized to enforce; or (b) the terms or conditions of a permit, approval or order made or issued under authority of this Act; the designated employee or officer may issue a written order requiring the person to remedy the contravention. Content of order 178(2) The order may (a) direct the person to stop doing something, or to change the way in which the person is doing it; (b) direct the person to take any action or measure necessary to remedy the contravention and, if necessary, to prevent a recurrence of the contravention; (c) state a time within which the person must comply with the order; and (d) state that if the person does not comply with the order within the specified time, the district or municipality may take any action required to remedy the contravention, at the expense of the person. Review by board or council 178(3) A person against whom an order is made under this section may require the regional planning board or the board or council to review it by making a written request to the regional planning board or the board or council no later than 14 days after the order was made.

Powers of board or council 178(4) After receiving the written request to review the order, the board or council must review the order and may confirm, vary, or rescind the order. S.M. 2021, c. 36, s. 41 . District or municipality remedying contraventions 179(1) A planning region, planning district or municipality may take any action or measure that is reasonable to remedy the contravention if (a) the designated employee or officer has given a written order under section 178; (b) the order contains the statements referred to in clauses 178(2)⁠(b) and (d); (c) the person to whom the order was directed has not complied with the order within the time period specified in the order; and (d) the deadline for requesting a review under subsection 178(3) has passed or, if a review of the order has been requested, and the decision of the regional planning board or the board or council was to allow the region, district or municipality to take the action or measure. Costs 179(2) The costs of an action or measure taken by a planning region, planning district or municipality under this section are a debt owing to the region, district or municipality by the person who contravened the by-law. S.M. 2021, c. 36, s. 42 . Injunction 180 A planning district or municipality may apply to the Court of King's Bench for an injunction or other order to enforce a by-law made under this Act, or to restrain a contravention of the by-law, without initiating a prosecution thereof. The court may grant or refuse to grant the injunction or other order, or may make any other order that it considers fair and just. PART 12.1 OFFENCES AND PENALTIES Offences 181(1) Every person is guilty of an offence who contravenes (a) a provision of this Act; (b) a by-law adopted under this Act; or (c) the terms or conditions of a permit, approval or order made or issued under this Act. Continuing offences 181(2) When a contravention continues for more than one day, the person is guilty of a separate offence for each day the offence continues. Directors and officers 181(3) If a corporation commits an offence under subsection (1), a director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence and is liable on summary conviction to the penalties set out in clause 182(1)⁠(a), whether or not the corporation has been prosecuted or convicted. General penalty 182(1) Every person who is guilty of an offence under this Act is liable on summary conviction (a) in the case of an individual, to a fine of not more than $5,000., or imprisonment for a term of not more than six months, or both; and (b) in the case of a corporation, to a fine of not more than $20,000. Orders in addition to penalty 182(2) When a person is convicted of an offence, a justice may, in addition to imposing a penalty under subsection (1), order the person to do one or both of the following: (a) comply with the provision of this Act or the by-law that the person contravened; (b) pay to the planning district or municipality the amount of the costs incurred by the district or municipality as a result of the contravention. Time limit for prosecution 183 A prosecution under this Act may not be commenced later than two years after the day the alleged offence was committed. PART 13 MISCELLANEOUS PROVISIONS Designated employees and officers 184 When a provision of this Act refers to a designated employee or officer, a regional planning board, the board of a planning district or the council of a municipality may, by by-law, designate an employee or officer of the region, district or municipality, as the case may be, to carry out the power or responsibility. S.M. 2021, c. 36, s. 44 . Third reading deadline does not apply 185 Clause 144(a) of The Municipal Act does not apply to a development plan by-law, zoning by-law or secondary plan by-law. Records of planning regions and planning districts 186 Section 423 of The Municipal Act applies, with necessary changes, to a copy of a record of a planning region or planning district that has been certified to be a true copy of the original record by a designated employee or officer of the region or district. S.M. 2021, c. 36, s. 45 . Limited restrictions on livestock operations 187(1) Except as provided in a development plan by-law, in provisions of a zoning by-law respecting the siting and setback of livestock operations or by application of section 161, a board or council may not impose any restrictions or conditions on (a) the location of a livestock operation; or (b) the number of animal units involved in a livestock operation. When by-law does not apply to livestock operation 187(2) Notwithstanding Part 7 of The Municipal Act (By-laws: General Jurisdiction), a municipal by-law or zoning by-law respecting nuisance odours or prohibiting or regulating the storage, application or use of manure does not apply to a livestock operation if the owner or operator of the operation is complying with (a) all other Acts and regulations regarding the storage, application or use of manure; and (b) the terms and conditions of any permit or licence required to be held by the owner or operator under an Act or regulation. S.M. 2026, c. 26, s. 38 . Alteration of boundaries 188(1) If land that was located in one municipality or planning district becomes part of another municipality or planning district because of an annexation or other alteration of municipal boundaries (a) the development plan by-law, zoning by-law and any secondary plan by-law that applied to that land when it was part of the first municipality or planning district continues to apply to that land; and (b) the municipality or planning district that now has jurisdiction over that land must administer the development plan by-law, zoning by-law and secondary plan by-law referred to in clause (a) until it amends its own development plan by-law and zoning by-law to cover that land. Alteration of boundaries — regions 188(2) Subsection (1) applies, with necessary changes, to a regional planning by-law if land located in one planning region becomes part of another planning region because of an annexation or other alteration of municipal boundaries. S.M. 2021, c. 36, s. 46 . Duties of minister 189(1) The minister may (a) make recommendations to the Lieutenant Governor in Council on the development of provincial land use policies; (b) co-ordinate provincial land use and development policies and programs with federal and local government land use and development policies and programs; (c) conduct a study of any issue related to land use and development in the province; (d) issue guidelines to planning districts and municipalities on any matter under this Act; (e) promote co-operation between planning districts and municipalities on regional land use and development issues; and (f) promote public participation in the development of land use and development policies. Minister may provide planning assistance 189(2) If requested, the minister may provide advice and technical planning assistance to a planning district or municipality on such terms or conditions as he or she considers advisable. S.M. 2008, c. 42, s. 76 . 190 [Repealed] S.M. 2018, c. 14, s. 26 . Act prevails 191 Where there is a conflict between a provision of this Act and a provision of The Watershed Districts Act , the provision of this Act prevails. S.M. 2018, c. 6, s. 46 . Protection from liability 192 No action or proceeding may be brought against a member of a regional planning board, board, council, special planning authority or planning commission, or any person acting under authority of this Act, for anything done, or not done, or for any neglect, (a) in the performance or intended performance of a duty under this Act; or (b) in the exercise or intended exercise of a power under this Act; unless the person was acting in bad faith. S.M. 2015, c. 26, s. 5 ; S.M. 2021, c. 36, s. 47 . Regulations by LG in C 193(1) The Lieutenant Governor in Council may make regulations (a) [repealed] S.M. 2015, c. 26, s. 6 ; (b) respecting development plans; (b.1) [repealed] S.M. 2018, c. 14, s. 27 ; (c) establishing siting and setback requirements for livestock operations for the purposes of subsection 72(3); (d) respecting the form or content of any document required under this Act; (e) defining any word or expression used but not defined in this Act; (f) respecting any matter necessary or advisable to carry out the purposes of this Act. Ministerial regulations 193(2) The minister may make regulations respecting planning districts, including regulations (a) respecting the form and content of applications to establish, dissolve, alter or amalgamate planning districts; (b) respecting the extent to which The Corporations Act applies to planning districts. S.M. 2007, c. 22, s. 3 ; S.M. 2015, c. 26, s. 6 ; S.M. 2018, c. 14, s. 27 . PART 14 TRANSITIONAL INTERPRETATION Definitions 194(1) The following definitions apply in this Part. "former Act" means The Planning Act , R.S.M. 1987, c. P80. (« ancienne loi ») "planning scheme" means an amending scheme, an initial planning scheme, or a partial planning scheme adopted or carried out under The Planning Act , S.M. 1964 (2nd Sess). (« plan d'aménagement du territoire ») Planning statement deemed development plan 194(2) A basic planning statement adopted under the former Act is deemed to be a development plan by-law. Planning scheme deemed zoning by-law 194(3) A planning scheme is deemed to be a zoning by-law. MATTERS UNDER THE FORMER ACT Planning districts continued 195(1) A planning district established under the former Act is continued under this Act. Board of district continued 195(2) Each member on the board of a planning district continued under subsection (1) continues to hold office as if appointed to the board under this Act. Adopting by-laws 195(3) Within six months after the coming into force of this Act, the board of a planning district continued under subsection (1) must adopt (a) an organizational and procedural by-law under subsection 21(1); and (b) a compensation by-law under subsection 21(2). Development plan by-law continues 196 A development plan by-law adopted under the former Act continues with the same effect as if it had been adopted under this Act. Zoning by-law continues 197(1) Subject to subsections (2) and (3), a zoning by-law adopted under the former Act continues with the same effect as if it had been adopted under this Act. Deemed amendment of zoning by-law 197(2) A zoning by-law adopted under the former Act that provides that livestock operations involving 300 or more animal units are a permitted use is deemed to be amended to provide that such operations are a conditional use. Exception for planning scheme 197(3) A planning scheme adopted by a council is in effect only until the council adopts a zoning by-law under this Act. By-laws and decisions continue 198 A by-law or resolution made by a board or council under the former Act continues with the same effect as if it had been made under authority of this Act. Permits and orders continue 199 Permits, orders and approvals made or issued under the former Act remain in effect as if they had been made under this Act. Agreements and contracts continue 200 Agreements and contracts entered into by a planning district or municipality under the former Act that are in force immediately before the coming into force of this Act are continued as if they were made under this Act, subject to any provision of this Act that affects them. DEVELOPMENT PLAN BY-LAWS AND ZONING BY-LAWS Development plan by-law deadline 201 A planning district and a municipality that is not part of a planning district have until January 1, 2008 to (a) adopt a development plan by-law that meets the requirements of Part 4, including a livestock operation policy; or (b) amend its existing development plan by-law to include a livestock operation policy. Zoning by-law deadline 202(1) Subject to subsection (2), a municipality must (a) adopt a zoning by-law that meets the requirements of Part 5, within one year after adopting a development plan by-law; or (b) amend its existing zoning by-law to ensure that it meets the requirements of Part 5 by January 1, 2008. Exception 202(2) A municipality that is part of a planning district that has adopted a district wide zoning by-law under section 69 is not required to adopt a zoning by-law. Extension of deadline 203 If the minister is satisfied that a board or council has used its best efforts to comply with section 201 and 202, the minister may, by written notice to the board or council, extend the time for it to comply with those sections. DEVELOPMENT APPROVAL Applications before Act in force 204 A development application received by a planning district or municipality before the coming into force of this Act is to be dealt with in accordance with the process in effect in the district or municipality at the time the application was received. Transitional approval requirements 205 Sections 206 to 210 apply to a planning district or municipality that, after the coming into force of this Act, is not subject to a development plan by-law, a zoning by-law, or both by-laws. Approval required 206(1) Before any development takes place, the owner of the affected property, or a person authorized in writing by the owner, must apply for approval of the development (a) to the board of the planning district in which the proposed development is located; or (b) if the proposed development is not located in a planning district, to the council of the municipality in which the proposed development is located. Exception 206(2) A planning district or municipality may, by by-law, specify minor developments — other than livestock operations — that do not require approval. General Development General development approval 207 An application involving any type of development other than a livestock operation or the subdivision of land is subject to the following approval requirements: (a) if a planning district or municipality does not have a development plan by-law or a zoning by-law, the application may be approved only if approval of the proposed development is generally consistent with provincial land use policies; (b) if a planning district or municipality has a development plan by-law but no zoning by-law, the application may be approved only if the proposed development is generally consistent with the development plan by-law; (c) if a planning district or municipality has a planning scheme but no development plan by-law, the application may be approved only if approval of the proposed development is generally consistent with provincial land use policies and consistent with the planning scheme. Small-Scale Livestock Operations Small livestock operation approval 208 An application involving a livestock operation with fewer than 300 animal units is subject to the following approval requirements: (a) if a planning district or municipality does not have a development plan by-law or a zoning by-law, the application may be approved only if (i) approval of the proposed operation is generally consistent with provincial land use policies, and (ii) the proposed operation meets the siting and setback requirements for livestock operations established by regulation; (b) if a planning district or municipality has a development plan by-law but no zoning by-law, the application may be approved only if the proposed operation (i) is generally consistent with the development plan by-law, and (ii) meets the siting and setback requirements for livestock operations established by regulation; (c) if a planning district or municipality has a planning scheme but no development plan by-law, the application may be approved only if (i) approval of the proposed operation is generally consistent with provincial land use policies and consistent with the planning scheme, and (ii) the proposed operation meets the siting and setback requirements for livestock operations established by regulation. Large-Scale Livestock Operations Hearings required for large operations 209(1) An application for a livestock operation involving 300 or more animal units must be made and dealt with in accordance with the hearing and approval process set out in Division 2 of Part 7 (Large scale-conditional use livestock operations). Large operations with no land use planning 209(2) When an application for a livestock operation involving 300 or more animal units is received by a planning district or municipality that does not have a development plan by-law or a zoning by-law, the application may be approved only if (a) the proposed operation meets the applicable tests in subsection 116(1); (b) approval of the proposed operation is generally consistent with provincial land use policies; and (c) the proposed operation meets the siting and setback requirements for livestock operations established by regulation. Large operations with no zoning by-law 209(3) When an application for a livestock operation involving 300 or more animal units is received by a planning district or municipality that has a development plan by-law but no zoning by-law, the application may be approved only if the proposed operation (a) meets the applicable tests in subsection 116(1); (b) is generally consistent with the development plan by-law; and (c) meets the siting and setback requirements for livestock operations established by regulation. Large operations with no development plan 209(4) When an application for a livestock operation involving 300 or more animal units is received by a planning district or municipality that has a planning scheme but no development plan by-law, the application may be approved only if (a) the proposed operation meets the applicable tests in subsection 116(1); (b) approval of the proposed operation is generally consistent with provincial land use policies and consistent with the planning scheme; and (c) the proposed operation meets the siting and setback requirements for livestock operations established by regulation. Subdivision Subdivision applications 210(1) An application for subdivision approval is subject to Part 8 and to the following approval requirements: (a) if a planning district or municipality does not have a development plan by-law or a zoning by-law, the application may be approved only if approval of the proposed subdivision is generally consistent with provincial land use policies; (b) if a planning district or municipality has a development plan by-law but no zoning by-law, the application may be approved only if the proposed subdivision is generally consistent with the development plan by-law; (c) if a planning district or municipality has a planning scheme but no development plan by-law, the application may be approved only if approval of the proposed subdivision is generally consistent with provincial land use policies and consistent with the planning scheme. Additional requirements 210(2) If a planning district or municipality does not have a development plan by-law and a zoning by-law, the council must, before making its decision, (a) hold a public hearing to receive representations from any person on the proposed subdivision; and (b) give notice of the hearing in accordance with section 169. Additional condition of approval 210(3) If a planning district or municipality does not have a development plan by-law, a zoning by-law, or both by-laws, when a council approves a subdivision application, it may, in addition to the other conditions of approval set out in section 135, require the applicant to enter into a development agreement with the owner of the affected property limiting, regulating or prohibiting an existing or future use of the land or a building. Transitional regulations 211(1) The Lieutenant Governor in Council may make regulations (a) respecting the transition or conversion to this Act of anything under the former Act; (b) to deal with any difficulty or impossibility resulting from the transition from the former Act to this Act. Timing of regulations 211(2) A regulation made under subsection (1) may be made retroactive to a day not earlier than the day this Act comes into force. PART 15 CONSEQUENTIAL AND CONDITIONAL AMENDMENTS 212 to 216 NOTE: These sections contained consequential amendments to other Acts that are now included in those Acts. 217 NOTE: This section contained an amendment adding section 62.1, which now appears in this Act. PART 16 REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE Repeal 218 The Planning Act , R.S.M. 1987, c. P80, is repealed. C.C.S.M. reference 219 This Act may be referred to as chapter P80 of the Continuing Consolidation of the Statutes of Manitoba . Coming into force 220(1) This Act, except section 217, comes into force on January 1, 2006. Coming into force: section 217 220(2) Section 217 comes into force on the later of the following: (a) January 1, 2006; (b) the day section 4 of The Water Protection Act comes into force. NOTE: Section 217 came into force on January 1, 2006.