Planning and Development Act, 2007, P-13.2

1 PLANNING AND DEVELOPMENT, 2007 c P-13.2 The Planning and Development Act, 2007 being Chapter P‑13.2* of the Statutes of Saskatchewan, 2007 (effective March 21, 2007) as amended by the Statutes of Saskatchewan, 2010, c E‑10.22, c N‑5.2 and c 36; 2012, c 28; 2013, c C‑21.1, c R‑9.11, c 23 and c 32; 2014, c 19; 2015, c 30; 2016, c P‑31.1; 2018, c 27; 2019, c 8 and c 25; 2022, c 26; and 2024, c 4. *NOTE: Pursuant to subsection 33(1) of The Interpretation Act, 1995, the Consequential Amendment sections, schedules and/or tables within this Act have been removed. Upon coming into force, the consequential amendments contained in those sections became part of the enactment(s) that they amend, and have thereby been incorporated into the corresponding Acts. Please refer to the Separate Chapter to obtain consequential amendment details and specifics. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 c P-13.2 PLANNING AND DEVELOPMENT, 2007 Table of Contents PART I DIVISION 4 Short title, Interpretation and Purposes Appeals 1 Short title 26 Development Appeals Board 2 Interpretation 27 Appeals or referrals 3 Purposes of the Act 28 Variation of certain appeal periods PART II PART IV General Provisions respecting Powers Statutory Plans 4 Act prevails DIVISION 1 5 Crown bound Official Community Plan 6 Powers of minister 29 Power of council 7 Adoption of land use policies and statements 30 Minister may require official community plan of provincial interest 30.1 Minister may require district plan 8 Consistency with land use policies and 30.2 Infrastructure plan required statements of provincial interest 31 Purpose of plan 9 Designation 32 Contents of plan 10 Director of Community Planning 32.1 Intermunicipal development agreements 11 Additional powers of minister 33 Severability of provisions of plan PART III 34 Zoning bylaw required Establishment and Functions of Municipal Approving Authorities 35 Plan adoption process DIVISION 1 36 Submission to minister for approval Authorities 37 Powers of minister 12 Interpretation of Part 38 Decision of minister 13 Approving authority 39 Amendment or repeal of plan 14 Publication in the Gazette 40 Municipality bound by plan 15 Delegation of authority 41 Acquisition of land DIVISION 2 42 Expropriation Planning, Subdivision and Other Bylaws 43 Power to subdivide and sell land 16 Subdivision bylaws DIVISION 2 17 Fees for review of subdivision applications Concept Plans 18 Ministerial approval of subdivision bylaw required 44 Concept plans 19 Site plan control PART V 20 Zoning bylaw ‑ minor variances Implementation of Plans 21 Phasing of municipal reserve dedication DIVISION 1 22 Use of municipal reserve Zoning 23 Exemptions relating to other bylaws and plans 45 Purposes of zoning bylaw DIVISION 3 46 Adoption of zoning bylaw Public Notice 47 Amendment to zoning bylaw at request of minister 24 Public notice policy 48 Obsolete zoning bylaws 25 Alteration of bylaw 49 Contents of zoning bylaw 50 Bylaw maps 3 PLANNING AND DEVELOPMENT, 2007 c P-13.2 51 Fees DIVISION 3 52 Development standards and optional Non-conforming Uses, Buildings and Sites zoning bylaw content 88 Existing non‑conforming uses, buildings and sites 53 Effect of passing a bylaw 89 Continuation of non‑conforming use or intensity of use 54 Application for discretionary use 90 Changes to a non‑conforming use 55 Public notice of discretionary use applications 91 Non‑conformity of building or site 56 Council’s decision 92 Damage to buildings 57 Notice of decision 93 Change of occupancy 58 Applicant’s right of appeal PART VI 59 Discretionary use responsibilities delegated to a Planning Commissions development officer DIVISION 1 60 Minor variances Municipal Planning Commissions 61 Payments in lieu of parking facilities 94 Interpretation of Part 62 Development permit required 95 Establishment 63 Designation of direct control district 96 Conflict of interest 64 Control of development in direct control district DIVISION 2 65 Approval of development in direct control district Planning Districts 66 Direct control responsibilities delegated 97 Agreement for establishment of planning district to a development officer 98 Approval of agreement required 67 Right of appeal 99 Order establishing planning district 68 Exempt classes of development 100 Powers of district planning commission 69 Contract zoning 101 Conflict of interest 70 Exception to development standards 102 District plan 71 Holding provision 103 Zoning bylaw 72 Demolition control 104 Other duties of commission 73 Architectural controls 105 Addition to planning district 74 Delegation of authority 106 Termination of affiliation of municipality 75 Procedure for adoption of zoning bylaw 106.1 District dispute resolution 76 Approval of zoning bylaw 107 Dissolution of planning district 77 Exercise of powers by minister 108 District planning authorities 78 Waiver of ministerial approval 109 Powers of district planning authorities 79 Zoning bylaw binds municipality DIVISION 3 DIVISION 2 Planning Areas in the Northern Saskatchewan Interim Development Control Administration District 80 Interim development control bylaw 110 Northern planning area 81 Requirements for approval 111 Northern planning commission 82 Time in effect 112 Conflict of interest 83 Notice of bylaw 113 Official community plan, development control 84 Permission for development 114 Public participation 85 Delegation of authority 115 Appeals 86 Appeal from interim development control bylaw 116 Terms and conditions 87 Limitation on interim development control bylaws 117 Additional powers 118 Northern planning authority 119 Powers of northern planning authorities 4 c P-13.2 PLANNING AND DEVELOPMENT, 2007 DIVISION 4 140 Approval of plan of subdivision Regional Planning Authorities 141 Conformity with The Land Surveys Act, 2000 119.1 Power to establish a regional planning authority 142 Recovery of costs 119.2 Power to direct funding 143 Direction to council 119.3 Power to direct a regional planning authority DIVISION 5 119.4 Composition of a regional planning authority REPLOTTING SCHEMES 119.5 Duties of a regional planning authority 144 Power to prepare replotting scheme 119.6 Other duties of a regional planning authority 145 Notice of preparation of replotting scheme 119.7 Conflict of interest 146 Registration of replotting scheme 119.8 Regional plan 147 Replotting scheme binding on heirs 119.9 Approval of a regional plan 148 Contents of a replotting scheme 119.91 Official community plan and zoning bylaw to be 149 Cost of replotting scheme consistent with a regional plan 150 Acquisition of certain land 119.92 Zoning bylaw 151 Principles of replotting 119.93 Dispute resolution 152 Copies of scheme to certain persons PART VII 153 Notice of replotting scheme Subdivision of Land 154 Public hearing DIVISION 1 155 Adoption of replotting scheme Control over Subdivisions 156 Subdivision approval of replotting scheme 120 Purpose and interpretation 157 Completion or discontinuance of replotting scheme 121 Subdivision approval required 158 Transfer of rights and obligations 122 Exemptions from approval 159 Notification of approval of a replotting scheme 123 Notice to municipality required 160 Setting down hearing for compensation 124 Existing oil and gas facilities exempt 161 Notice of hearing DIVISION 2 162 Factors in assessing compensation Subdivision Regulations 163 Determination of land values 125 Regulations controlling subdivisions 164 Appeals 126 Bylaws by council 165 Time for payment of compensation DIVISION 3 166 Compensation subject to limitations and charges Requirements for Subdivision Approval 167 Removal of buildings 127 Application for subdivision approval PART VIII 128 Criteria for approval Development Levies and Servicing Fees 129 Certificate of approval 168 Interpretation of Part 130 Development standards on hazardous lands 169 Development levy bylaw 131 Decision of approving authority 170 Bylaw requires ministerial approval 132 Revocation of approval 171 Development levy agreement 133 Relief from compliance 172 Servicing agreement 134 Deemed refusal of approving authority 172.1 Municipal utility parcels 135 Reapplication of same proposal 173 Terms and conditions of development levy DIVISION 4 agreements or servicing agreements Required Subdivisions 174 Use of levies and fees 136 Power to require registration 175 Registration of development levy or 137 Interpretation servicing agreements 138 Power to pass bylaw requiring subdivision 176 Appeals on development levy or servicing agreements 139 Registration of prohibition based on required subdivision bylaw 5 PLANNING AND DEVELOPMENT, 2007 c P-13.2 PART IX 209 Written notice to owner Dedicated Lands 210 Consideration of representations DIVISION 1 211 Alteration of bylaw Buffer Strips 212 Minister’s approval 177 Provision of buffer strips PART XI 178 Size and location Appeals 179 Sale of buffer strips DIVISION 1 180 Lease or exchange Development Appeals Board DIVISION 2 213 Interpretation of Part Dedication of Lands 214 Appointment of board 181 Requirement of owner 215 Membership of board 182 Provision of land prior to subdivision 216 Board organization 183 Exemptions from dedication 217 Meetings 184 Dedication of public highways 218 Conflict of interest 185 Environmental reserve 219 Right of appeal on zoning bylaw 186 Public reserve, municipal reserve 220 Application to appeal 187 Money in lieu of municipal reserve land 221 Determining an appeal 188 Acquisition of municipal reserve 222 Requirements of board in setting down appeal 189 Dedication by the minister 223 Additional material considered on appeal 190 Deferral of dedication 224 Conduct of hearing 191 Transfers to municipality 225 Decision of board 192 Use of municipal reserve, public reserve 226 Appeal from decision of board 193 Dedicated lands subject to zoning 227 Notification of filing and submission of material 194 Approval of temporary development 227.1 New evidence 195 Agreement for use of municipal reserve, public reserve DIVISION 2 196 Intermunicipal agreement for municipal reserve Subdivision Appeals 197 Use of certain money 228 Right of appeal 198 Sale, etc., of public reserve 229 Reapplication of appealed proposal 199 Sale, etc., of municipal reserve 230 Notice of hearing of appeal 200 Ministerial approval of bylaws re 231 Determining an appeal sale of municipal reserve 232 Endorsement of subdivision plan 201 Walkways PART XII DIVISION 3 Miscellaneous General DIVISION 1 202 Public roadways, utilities General 203 Title 233 Voluntary dispute resolution 204 Designation of certain reserves 234 Exemption for public work or public improvement 205 Regulations 235 General powers of council for purpose PART X of carrying out Act, etc. Public Participation 236 Rules for registered interests 206 Exemption for approving authorities, 237 Minister may charge council public participation options 238 Restriction re damages, etc. 207 Notice of proposed bylaw 239 Authorized persons not liable 208 Copies of bylaw to be provided 240 Errors in assessment roll 241 Service of notices 6 c P-13.2 PLANNING AND DEVELOPMENT, 2007 DIVISION 2 252 Zoning appeals board continued Enforcement 253 Zoning bylaws continued 242 Enforcement 254 Replotting schemes continued 243 Offences and penalties 255 Planned Unit Development, variation 244 Limitation of prosecution 256 Revocation of certain approval 245 Regulations 257 Agreement, contract, subdivision, etc., continued DIVISION 3 DIVISION 4 Repeal and Transitional Consequential Amendments 246 SS 1983‑84, c P‑13.1 repealed 258 Consequential 247 Municipal and district planning 259 SS 1996, c F‑19.1 amended commissions continued 260 SS 2000, c L‑5.1 amended 248 Development plans and basic planning 261 SS 1979, c M‑11.1 amended statements deemed official community plans 262 RSS 1978, c W‑4 amended 248.1 Transitional – continuation of certain plans as district plans DIVISION 5 249 Interim development control continued Coming into Force 250 Validity of development permits 263 Coming into force 251 Appeals commenced under former Act 7 PLANNING AND DEVELOPMENT, 2007 c P-13.2 CHAPTER P-13.2 An Act respecting Planning and Development in Municipalities PART I Short title, Interpretation and Purposes Short title 1 This Act may be cited as The Planning and Development Act, 2007. Interpretation 2(1) In this Act: (a) “approving authority” means, other than in Part III, the minister or, where the minister has delegated his or her authority pursuant to section 13, the director or the council to which the delegation is made; (b) Repealed. 2018, c 27, s 3. (c) “building” means any structure constructed or placed on, in or over land, but does not include a public highway; (d) “building permit” means a permit, issued under a building bylaw of a municipality, authorizing the construction of all or part of any building; (d.1) “conflict of interest” means a conflict of interest within the meaning of Part VII of The Cities Act, The Municipalities Act and The Northern Municipalities Act, 2010, as the case may be; (e) Repealed. 2018, c 27, s 3. (f) “Controller of Surveys” means the Controller of Surveys as defined in The Land Surveys Act, 2000; (g) “council” means: (i) subject to subclause (ii), the council of a municipality or other municipal corporation; or (ii) the minister or any person designated by the minister pursuant to section 9 acting on behalf of a northern settlement or the Northern Saskatchewan Administration District, as the case may be; (h) “Crown” means the Crown in right of Saskatchewan; (h.1) “day” means calendar day; (i) “dedicated lands” means lands dedicated pursuant to Part IX as buffer strips, environmental reserve, municipal reserve, public reserve and walkways; 8 c P-13.2 PLANNING AND DEVELOPMENT, 2007 (j) “development” means, except in section 194, the carrying out of any building, engineering, mining or other operations in, on or over land or the making of any material change in the use or intensity of the use of any building or land; (k) “Development Appeals Board” means a board required by section 49 to be established in every zoning bylaw, which may be a District Development Appeals Board if municipalities have authorized an agreement pursuant to subsection 214(3); (l) “development levy agreement” means an agreement entered into pursuant to section 171; (m) “development officer” means the person appointed pursuant to a zoning bylaw to administer the zoning bylaw; (n) “development permit” means a document authorizing a development issued pursuant to a zoning bylaw or a development control adopted by the minister pursuant to Part VI; (o) “director” means a Director of Community Planning appointed pursuant to section 10; (p) “discretionary use” means a use of land or buildings or form of development that: (i) is prescribed as a discretionary use in the zoning bylaw; and (ii) requires the approval of council pursuant to section 56; (p.1) “district plan” means a district plan for a planning district that is adopted pursuant to section 102; (p.2) “district planning authority” means a district planning authority established pursuant to section 108; (q) “environmental reserve” means dedicated lands that are provided to a municipality or to the Crown, as the case may be, pursuant to section 185; (q.1) “financial interest” means a financial interest within the meaning of The Cities Act, The Municipalities Act and The Northern Municipalities Act, 2010, as the case may be; (r) “form of development” means any activity associated with altering the physical features of land; (s) “former Act” means The Planning and Development Act, 1983 or any former Planning and Development Act or Community Planning Act; (t) “Indian band” means an Indian band within the meaning of the Indian Act (Canada) and includes the council of a band; (t.1) “infrastructure” means all municipally owned sewer, water, drainage and other utility services, public highway facilities, park and recreation space facilities and any other buildings or facilities used for municipal operations; 9 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (u) “instrument” means an instrument as defined in The Land Titles Act, 2000; (v) “intensity of use” means the density of use, number of units, size of development, or bulk, form or number of buildings or structures for a permitted, discretionary or prohibited use; (w) “interest” means an interest as defined in The Land Titles Act, 2000; (x) “land” does not include mines and minerals; (y) “land registry” means the land registry as defined in The Land Titles Act, 2000; (z) “Land Surveys Directory” means the Land Surveys Directory established pursuant to The Land Surveys Act, 2000; (aa) “lane” means a public highway vested in the Crown as a secondary level of access to a lot or parcel of land; (bb) “minister” means the member of the Executive Council to whom for the time being the administration of this Act is assigned; (cc) “municipal administrator” means: (i) the administrator of an urban municipality, a rural municipality or any other municipal corporation; (ii) the clerk or administrator of a northern municipality; or (iii) any person performing a similar function to the officers mentioned in subclause (i) for a district planning authority as described in section 108, or a regional planning authority; (cc.1) “municipal district” means a municipal district as defined in The Municipalities Act; (dd) “municipal reserve” means dedicated lands: (i) that are provided to a municipality pursuant to clause 181(a); or (ii) that were dedicated as public reserve and transferred to a municipality pursuant to section 191, whether or not title to those lands has issued in the name of the municipality; (ee) “municipality” includes any other municipal corporation; (ff) “non-conforming building” means a building: (i) that is lawfully constructed or lawfully under construction, or with respect to which all required permits have been issued, at the date a zoning bylaw or any amendment to a zoning bylaw affecting the building or land on which the building is situated or will be situated becomes effective; and (ii) that on the date a zoning bylaw or any amendment to a zoning bylaw becomes effective does not, or when constructed will not, comply with the zoning bylaw; 10 c P-13.2 PLANNING AND DEVELOPMENT, 2007 (gg) “non-conforming site” means a site, consisting of one or more contiguous parcels, that, on the date a zoning bylaw or any amendment to a zoning bylaw becomes effective, contains a use that conforms to the bylaw, but the site area or site dimensions do not conform to the standards of the bylaw for that use; (hh) “non-conforming use” means a lawful specific use: (i) being made of land or a building or intended to be made of land or of a building lawfully under construction, or with respect to which all required permits have been issued, at the date a zoning bylaw or any amendment to a zoning bylaw affecting the land or building becomes effective; and (ii) that on the date a zoning bylaw or any amendment to a zoning bylaw becomes effective does not, or in the case of a building under construction or with respect to which all required permits have been issued will not, comply with the zoning bylaw; (ii) “northern municipality” means a municipality as defined in The Northern Municipalities Act, 2010; (jj) “Northern Saskatchewan Administration District” does not include any area within the boundaries of a town, a northern village, or a northern hamlet, as any of those are defined in The Northern Municipalities Act, 2010; (kk) “official community plan” means an official community plan adopted pursuant to section 29; (ll) “parcel” means a surface parcel as defined in The Land Titles Act, 2000; (mm) “parcel tie” means an electronic code imposed by the Registrar to link two or more parcels together so as to prevent those parcels from being individually dealt with in the land titles registry or abstract directory; (nn) “permitted use” means a use of land or buildings or form of development that is prescribed in the zoning bylaw as a use that is allowed on a parcel; (oo) “plan” means a plan as defined in The Land Surveys Act, 2000, unless the context indicates otherwise; (pp) Repealed. 2013, c C‑21.1, s 59. (qq) “prohibited use” means a use of land or a building or form of development that is prescribed in the zoning bylaw as not allowed on a parcel; (rr) “provincial highway” means a public highway, or a proposed public highway: (i) with respect to which there is a plan that is in the ministry over which the minister responsible for the administration of The Highways and Transportation Act, 1997 presides; and (ii) that the Lieutenant Governor in Council has designated as a provincial highway; 11 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (ss) “public highway” means a public highway as defined in The Highways and Transportation Act, 1997; (tt) “public reserve” means dedicated lands that are: (i) vested in the Crown pursuant to this Act or any former Act; (ii) dedicated for public use; and (iii) exempted by minister’s order pursuant to section 191 from the application of that section; (uu) “public work” means: (i) systems for the production, distribution or transmission of electricity; (ii) systems for the distribution, storage or transmission of natural gas or oil; (iii) facilities for the storage, transmission, treatment, distribution or supply of water; (iv) facilities for the collection, treatment, movement or disposal of sanitary sewage; (v) telephone, cable television or light distribution or transmission lines; or (vi) facilities for the collection, storage, movement and disposal of storm drainage; (uu.1) “regional plan” means a regional plan prepared pursuant to section 119.8; “(uu.2) “regional planning authority” means a regional planning authority established pursuant to section 119.1; (vv) “registered” means registered by the Registrar of Titles in the land registry; (vv.1) “registered professional planner” means a registered professional planner within the meaning of The Community Planning Profession Act, 2013; (ww) “Registrar of Titles” means the Registrar of Titles as defined in The Land Titles Act, 2000; (xx) “rural municipality” means a rural municipality within the meaning of The Municipalities Act; (xx.1) “school division” means a board of education or the conseil scolaire within the meaning of The Education Act, 1995; (yy) “statement of provincial interest” means a statement of provincial interest respecting land use planning and development as adopted by the Lieutenant Governor in Council pursuant to section 7; 12 c P-13.2 PLANNING AND DEVELOPMENT, 2007 (zz) “structural alteration” means the construction or reconstruction of supporting elements of a building; (aaa) “subdivision” means a division of land that will result in the creation of a surface parcel, or the rearrangement of the boundaries or limits of a surface parcel, as surface parcel is defined in The Land Titles Act, 2000; (bbb) “subdivision regulations” means regulations made by the minister pursuant to section 125 or bylaws made by a council pursuant to section 126; (ccc) “township subdivision” means a township survey plan as described in Part VI, Division 2 of The Land Surveys Regulations; (ddd) “urban municipality” means: (i) an urban municipality within the meaning of The Municipalities Act; or (ii) a city within the meaning of The Cities Act. (2) The provisions of The Cities Act, The Municipalities Act and The Northern Municipalities Act, 2010 with respect to conflict of interest and financial interests apply, with any necessary modification, to a member of a Development Appeals Board, District Development Appeals Board, a municipal planning commission, a district planning commission, a district planning authority, a regional planning authority, a northern planning commission or a northern planning authority. (3) Repealed. 2018, c 27, s 3. 2007, c P‑13.2, s 2; 2010. c N‑5.2, s 460; 2012, c 28, s 3; 2013, c 23, s 3; 2014, c 19, s 47; 2015, c 30, s 5‑2; 2018, c 27, s 3; 2019, c 8, s 13 and c 25, s 17. Purposes of the Act 3 The purposes of this Act are the following: (a) to establish the planning and development system in the province; (b) to identify provincial interests that guide provincial and municipal planning decisions in the development of communities; (c) to support the development of environmentally, economically, socially and culturally sustainable communities; (d) to enable co‑operation between municipalities, planning districts and other jurisdictions and agencies in the delivery of planning services and infrastructure development with communities; (e) to provide for public participation in the planning process; (f) to provide equitable dispute resolution and appeal processes. 2007, c P‑13.2, s 3. 13 PLANNING AND DEVELOPMENT, 2007 c P-13.2 PART II General Provisions respecting Powers Act prevails 4 In the event of conflict between the provisions of this and any other Act, the provisions of this Act govern so far as they relate to urban and rural planning and development. 2007, c P‑13.2, s 4. Crown bound 5(1) The Crown is bound by this Act. (2) Notwithstanding subsection (1), nothing in this Act prevents the registration of any transfer of land by the Crown pursuant to any agreement entered into by the Crown before the coming into force of The Planning and Development Act, 1983. 2007, c P‑13.2, s 5. Powers of minister 6 The minister may do one or more of the following: (a) co‑ordinate federal, provincial and local government planning policy and programs as they relate to provincial land use policies and statements of provincial interest; (b) inquire into and study any matter relating to community and land use planning. 2007, c P‑13.2, s 6. Adoption of land use policies and statements of provincial interest 7 The Lieutenant Governor in Council may make regulations adopting provincial land use policies and statements of provincial interest. 2007, c P‑13.2, s 7. Consistency with land use policies and statements of provincial interest 8 Every district plan, official community plan, regional plan, subdivision bylaw or zoning bylaw adopted or amended pursuant to this Act must be consistent with the provincial land use policies and statements of provincial interest mentioned in section 7. 2013, c 23, s 4. 14 c P-13.2 PLANNING AND DEVELOPMENT, 2007 Designation 9 The minister may designate any person to perform any functions and duties imposed on the minister by this Act with respect to his or her responsibility to act as the council on behalf of a northern settlement or the Northern Saskatchewan Administration District. 2007, c P‑13.2, s 9. Director of Community Planning 10(1) The minister shall appoint one or more officers, each of whom is to be known as a provincial Director of Community Planning. (2) Each director shall be responsible for the administration of this Act and shall perform any other duties assigned by the minister. (3) The minister may, by order, declare that after the date specified in the order a director is an approving authority within that area of Saskatchewan excluding municipal jurisdictions that have been declared approving authorities pursuant to subsection 13(1). 2007, c P‑13.2, s 10. Additional powers of minister 11 The minister may, for the purpose of facilitating the administration of this Act, do one or more of the following: (a) carry on research relating to community planning in Saskatchewan; (b) provide technical planning assistance to any municipality, intermunicipal planning advisory body or intermunicipal corporate body; (c) promote public interest in community planning and orderly community development; (d) enter into contracts with respect to the furnishing of any services authorized by clause (a) or (b) and fix the fee, if any, to be paid for any of those services. 2007, c P‑13.2, s 11. PART III Establishment and Functions of Municipal Approving Authorities DIVISION 1 Authorities Interpretation of Part 12 In this Part: (a) “approving authority” means a council, district planning authority or regional planning authority that has been declared an approving authority pursuant to subsection 13(1); (b) “retain” means to keep in the active service of a municipality by payment of a fee. 2007, c P‑13.2, s 12; 2012, c 28, s 4; 2013, c 23, s 5. 15 PLANNING AND DEVELOPMENT, 2007 c P-13.2 Approving authority 13(1) Subject to subsection (3), the minister may, by order, declare that on or after the date specified in the order, a council, district planning authority or regional planning authority is an approving authority within the area under its jurisdiction. (2) In an order made for the purposes of subsection (1), the minister may impose any terms and conditions that the minister considers appropriate. (3) To be eligible to be declared an approving authority pursuant to subsection (1), the council, district planning authority or regional planning authority must: (a) employ or retain a registered professional planner; and (b) have adopted: (i) in the case of a council, an official community plan; (ii) in the case of a district planning authority, a district plan; or (iii) in the case of a regional planning authority, a regional plan. (4) Subject to subsection (5), if a council, district planning authority or regional planning authority fails to employ or retain a registered professional planner during any period lasting longer than six consecutive months, the minister shall, by order, declare that the council, district planning authority or regional planning authority has ceased to be an approving authority. (5) If the minister considers it appropriate to do so, the minister may: (a) issue a written notice to a council, district planning authority or regional planning authority authorizing the council, district planning authority or regional planning authority to continue as an approving authority for a period extending beyond the period mentioned in subsection (4); and (b) if the minister issues a written notice pursuant to clause (a), impose any terms and conditions on the written notice that the minister considers appropriate. (6) If a council, district planning authority or regional planning authority ceases to employ or retain a registered professional planner, the municipal administrator or development officer shall immediately provide written notice of that fact to the minister. (7) The minister may, by order, amend, suspend or revoke any order issued pursuant to subsection (1) if the minister considers it appropriate to do so. 2013, c 23, s 6; 2013, c C‑21.1, s 59; 2018, c 27, s 4. Publication in the Gazette 14 The minister shall cause to be published in the Gazette: (a) every order made pursuant to subsections 13(1), (4) and (7); and (b) every notice mentioned in subsection 13(5). 2007, c P‑13.2, s 14; 2018, c 27, s 5. 16 c P-13.2 PLANNING AND DEVELOPMENT, 2007 Delegation of authority 15(1) A council, district planning authority or regional planning authority that is an approving authority may, by bylaw, delegate to the development officer the responsibility to exercise or carry out all or any of the powers and duties conferred or imposed on the council, district planning authority or regional planning authority as an approving authority. (2) Without limiting the generality of subsection (1), a council, district planning authority or regional planning authority that is an approving authority may, in its zoning bylaw, delegate to the development officer the responsibility to exercise or carry out any or all of the powers and duties conferred or imposed on the council, district planning authority or regional planning authority as an approving authority respecting all or any of the following: (a) site plan control pursuant to subsection 19(2); (b) discretionary use applications pursuant to section 59; (c) the approval of plans and drawings in a direct control district pursuant to section 66. 2013, c 23, s 7. DIVISION 2 Planning, Subdivision and Other Bylaws Subdivision bylaws 16(1) An approving authority may adopt a bylaw that contains regulations governing the subdivision of land not inconsistent with this Act or any regulations made pursuant to subsection 125(1). (2) Notwithstanding (1), in order to implement the official community plan, the subdivision bylaw may vary from the subdivision regulations with respect to the criteria in clauses 125(1)(a) and (d) to (g). 2007, c P‑13.2, s 16. Fees for reviewing subdivision applications 17(1) An approving authority may prescribe, in its subdivision bylaw or in a separate bylaw, a schedule of fees for processing: (a) subdivision applications; and (b) applications to reissue a certificate of approval of a subdivision. (2) For the purposes of subsection (1), an approving authority may prescribe fees based on the size, type and complexity of applications submitted to it. (3) The maximum fees pursuant to subsection (1) must not exceed the cost to the approving authority of processing the application. 2012, c 28, s 7. 17 PLANNING AND DEVELOPMENT, 2007 c P-13.2 Ministerial approval of subdivision bylaw required 18(1) If an approving authority passes, amends or repeals a subdivision bylaw pursuant to section 16: (a) the municipal administrator shall submit two certified copies of the bylaw to the minister; and (b) a bylaw submitted pursuant to clause (a) becomes effective on: (i) the date of the minister’s approval; or (ii) a date specified by the minister in the approval. (2) The minister may refuse to approve any bylaw or part of a bylaw submitted pursuant to subsection (1) if, in the minister’s opinion, the provisions of the bylaw do not conform with the purpose and intent of this Act. (3) On the refusal of the minister to approve any bylaw or part of a bylaw, either of the following continues to apply: (a) the applicable subdivision regulations made pursuant to section 125; or (b) in the case of a municipality that had an approved bylaw establishing subdivision regulations, that bylaw insofar as it is not inconsistent with this Act. 2007, c P‑13.2, s 18. Site plan control 19(1) An approving authority may, in its official community plan, adopt policies respecting site plan control for commercial, industrial, institutional or mixed use development. (2) If an approving authority has adopted policies mentioned in subsection (1), it may in its zoning bylaw, prescribe conditions and performance standards for the specific development with respect to all or any of the following: (a) traffic operations and access to public streets to and from the site; (b) the circulation of traffic within the site; (c) the placement of buildings and other structures within the site; (d) the placement of landscaping within the site. (3) The conditions and performance standards pursuant to subsection (2): (a) are limited to development if, in the opinion of council, there are high volumes of traffic expected to and from the site and potential public safety concerns; and (b) shall not require a reduction in the intensity of the proposed use. (4) If a delegation is made to a development officer pursuant to clause 15(2)(a), the zoning bylaw shall contain provisions that a person aggrieved by a decision of the development officer pursuant to subsection (1) may, within a time specified in the bylaw, apply to council to review and confirm or alter the decision. 18 c P-13.2 PLANNING AND DEVELOPMENT, 2007 (5) The zoning bylaw shall provide that the applicant may appeal to the Development Appeals Board any or all of the conditions or performance standards imposed pursuant to subsection (2). 2007, c P‑13.2, s 19; 2018, c 27, s 6. Zoning bylaw - minor variances 20(1) An approving authority may, in its zoning bylaw, establish: (a) the scope of minor variances and the maximum percentage of variation from the bylaw requirements; (b) the procedures for notifying the applicant and affected property owners of any decision regarding a minor variance application; and (c) the procedures for revoking any approval of a minor variance application if an objection to it is received. (2) If an approving authority includes the matters mentioned in clause (1)(a) in its zoning bylaw, clauses 60(1)(a) and (b) do not apply to the extent that the matter is set out in the zoning bylaw. (3) If an approving authority includes the matters mentioned in clauses (1)(b) and (c) in its zoning bylaw, subsections 60(5) to (9) do not apply to the extent that the matter is set out in the zoning bylaw. 2007, c P‑13.2, s 20. Phasing of municipal reserve dedication 21 If land is to be developed in phases over a certain period, an approving authority may, in its subdivision bylaw, set out how the requirement for municipal reserve may be met in accordance with subsections 186(1) and (3) over the course of the development period. 2007, c P‑13.2, s 21. Use of municipal reserve 22 An approving authority may permit uses on a municipal reserve other than those uses mentioned in subsection 192(1) if: (a) specific policies respecting those other uses are contained in the municipality’s approved official community plan; and (b) those uses are consistent with the principle of maintaining municipal reserves, and buildings located on municipal reserves, for public purposes. 2007, c P‑13.2, s 22. Exemptions relating to other bylaws and plans 23(1) Notwithstanding any other provision of this Act, an approving authority is exempt from obtaining the minister’s approval of the adoption, amendment or repeal of all of the following: (a) an interim development control bylaw pursuant to subsection 81(2); 19 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (b) a development levy bylaw pursuant to section 169; (c) any bylaw of the municipality: (i) to sell or exchange all or any part of a buffer strip pursuant to sections 179 and 180; (ii) to exchange or sell all or any part of a municipal reserve pursuant to sections 199 and 200; or (iii) to sell or exchange all or any part of a walkway pursuant to section 201. (2) The municipal administrator shall file with the director a certified copy of the bylaw mentioned in subsection (1) within 15 days after the date that the bylaw is passed. (3) A council that has been declared an approving authority pursuant to subsection 13(1): (a) may, pursuant to subsection 44(4), adopt or amend a concept plan by resolution; and (b) shall: (i) pass a public notice bylaw pursuant to section 24; and (ii) before passing the resolution mentioned in clause (a), provide public notice in accordance with its public notice bylaw mentioned in subclause (i). 2007, c P‑13.2, s 23; 2012, c 28, s 8; 2018, c 27, s 7. DIVISION 3 Public Notice Public notice policy 24(1) Subject to subsections (3) and (4) and the regulations, an approving authority may, by bylaw, adopt a public notice policy respecting all or any of the following matters: (a) the adoption, amendment or repeal of a bylaw for an official community plan, district plan or zoning bylaw; (b) the adoption, amendment or repeal of a development levy bylaw; (c) an application for discretionary use pursuant to section 55; (d) the adoption, amendment or repeal of a bylaw authorizing the sale of a buffer strip or municipal reserve; (e) the voiding of an agreement pursuant to section 69 respecting the rezoning of land; (f) the adoption, amendment or repeal of an interim development control bylaw pursuant to subsection 80(1); (g) the passing of a resolution to adopt or amend a concept plan pursuant to subsection 44(4). 20 c P-13.2 PLANNING AND DEVELOPMENT, 2007 (2) If an approving authority passes a public notice bylaw pursuant to subsection (1) and gives public notice in accordance with that policy, the public notice requirements set out in section 55, subsection 69(9), section 83 and Part X do not apply. (3) Any public notice bylaw passed pursuant to this section must set out: (a) the minimum notice requirements; (b) the acceptable methods of giving notice; and (c) the required contents of the notice. (4) Unless a longer period is specified, public notice must be given at least seven days before the council meeting or public hearing, as the case may be, at which the matter is to be considered for which public notice is required. (5) The Lieutenant Governor in Council may make regulations respecting the required contents of a public notice bylaw to be passed pursuant to this section. (6) The municipal administrator shall file with the director a certified copy of the bylaw mentioned in subsection (1) within 15 days after the date that the bylaw is passed. 2007, c P‑13.2, s 24; 2012, c 28, s 9; 2018, c 27, s 8. Alteration of bylaw 25 An approving authority that has not passed a public notice bylaw pursuant to section 24 may dispense with the requirements of subsection 211(1) if the council is of the opinion that the alteration proposed to a bylaw is of a minor nature. 2007, c P‑13.2, s 25. DIVISION 4 Appeals Development Appeals Board 26(1) Subject to subsection 214(2), an approving authority may, by bylaw: (a) determine the eligibility, number and term of office of persons appointed as members to the Development Appeals Board; (b) prescribe the procedures to be followed by the Development Appeals Board in carrying out an appeal pursuant to this Act; (c) prescribe any other matter that the approving authority considers necessary for the operation of the Development Appeals Board. (2) If an approving authority passes a bylaw pursuant to subsection (1), subsection 214(1) and sections 215 to 217 do not apply to the extent that the matter is set out by bylaw. 2007, c P‑13.2, s 26. 21 PLANNING AND DEVELOPMENT, 2007 c P-13.2 Appeals or referrals 27(1) If a council has been declared an approving authority, any appeal or referral pursuant to the following provisions of this Act must be made, in the first instance, to the Development Appeals Board: (a) subsection 176(1) or (2), regarding the application or the manner of application of development levies or servicing agreement fees, or the necessity for or the terms and conditions of a development agreement or a servicing agreement; (b) subsection 67(1), regarding the failure to approve plans or drawings or to enter into a development agreement in a direct control district; (c) subsection 228(1), regarding an application for a proposed subdivision. (2) A decision of the Development Appeals Board may be appealed to the Saskatchewan Municipal Board in accordance with section 226. 2007, c P‑13.2, s 27. Variation of certain appeal periods 28(1) An approving authority may, in its zoning bylaw, extend the time limit for referring or appealing all or any of the following matters: (a) pursuant to subsection 67(1), the failure to approve plans or drawings or to enter into a development agreement; (b) pursuant to subsection 71(5), the refusal or failure to make a decision on an application to amend a zoning bylaw to remove a holding symbol; (c) pursuant to subsections 72(7) and (8) or subsections 73(5) and (6), the refusal to issue a development permit, the failure to make a decision on an application for a development permit, or the imposition of terms and conditions respecting a development permit. (2) If an approving authority passes a bylaw pursuant to subsection (1), subsections 67(1), 71(5), 72(7) and (8) and 73(5) and (6) do not apply to the extent that the matter is set out by bylaw. 2007, c P‑13.2, s 28. PART IV Statutory Plans DIVISION 1 Official Community Plan Power of council 29(1) Subject to the requirement to prepare and adopt an official community plan pursuant to section 30, the council may authorize the preparation of an official community plan for all or any part of the municipality. 22 c P-13.2 PLANNING AND DEVELOPMENT, 2007 (2) The council may authorize the preparation of an amendment to an official community plan. (3) The official community plan shall be prepared in consultation with a registered professional planner. 2007, c P‑13.2, s 29; 2013, c C‑21.1, s 59. Minister may require official community plan 30(1) Notwithstanding section 29, in order to achieve consistency with a provincial land use policy or statement of provincial interest, the minister may, after consultation with the council, direct the council to prepare and adopt for all or part of the municipality: (a) an official community plan, and the council shall adopt that plan within two years from the date of the direction or any other period the minister may require as set out in the direction; or (b) an amendment to an official community plan, and the council shall adopt that amendment within six months after the date of the direction or any other period that the minister may require as set out in the direction. (2) If the council fails to prepare or adopt an official community plan or amendment when required to do so by the minister pursuant to subsection (1) or 37(2), the minister may exercise any of the powers of the council pursuant to this Act on giving at least 30 days’ written notice to the municipality of the minister’s intention to do so. 2007, c P‑13.2, s 30; 2018, c 27, s 9. Minister may require district plan 30.1(1) Notwithstanding section 102, in order to achieve consistency with a provincial land use policy or statement of provincial interest, the minister may, after consultation with a district planning authority, direct the district planning authority to prepare and adopt for all or part of the planning district: (a) a district plan, and the district planning authority shall adopt that district plan within two years after the date of the direction; or (b) an amendment to a district plan, and the district planning authority shall adopt that amendment within six months after the date of the direction. (2) Notwithstanding section 102, if the district planning authority fails to prepare or adopt a district plan or amendment when directed to do so by the minister pursuant to subsection (1) or required to do so pursuant to subsection 102(3), the minister may exercise any of the powers of the district planning authority pursuant to this Act on giving at least 30 days’ written notice to the district planning authority of the minister’s intention to do so. 23 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (3) Notwithstanding section 102, in order to achieve consistency with a provincial land use policy or statement of provincial interest, the minister may, after consultation with a district planning commission and any affiliated municipalities, direct the district planning commission and any affiliated municipalities to prepare and adopt for all or part of the planning district: (a) a district plan, and the district planning commission and any affiliated municipalities shall adopt that district plan within two years from the date of the direction; or (b) an amendment to a district plan, and the district planning commission and any affiliated municipalities shall adopt that amendment within six months after the date of the direction. (4) Notwithstanding section 102, if a district planning commission and any affiliated municipalities fail to prepare or adopt a district plan or amendment when directed to do so by the minister pursuant to subsection (3) or required to do so pursuant to subsection 102(3), the minister may exercise any of the powers of the district planning commission and any affiliated municipalities pursuant to this Act on giving at least 30 days’ written notice to the district planning commission and any affiliated municipalities of the minister’s intention to do so. 2012, c 28, s 10.

Infrastructure plan required 30.2 In conjunction with the adoption of an official community plan, if the minister considers it appropriate to do so, the minister may require the council to, by separate bylaw, adopt and submit to the minister a five‑year infrastructure plan that considers the capital, operating, maintenance and replacement cost of all municipal infrastructure affected by the official community plan. 2015, c 30, s 5‑2. Purpose of plan 31 The purpose of an official community plan is to provide a comprehensive policy framework to guide the physical, environmental, economic, social and cultural development of the municipality or any part of the municipality. 2007, c P‑13.2, s 31. Contents of plan 32(1) An official community plan must incorporate, insofar as is practical, any applicable provincial land use policies and statements of provincial interest. (2) An official community plan must contain statements of policy with respect to: (a) sustainable current and future land use and development in the municipality; (b) current and future economic development; (c) the general provision of public works; (d) the management of lands that are subject to natural hazards, including flooding, slumping and slope instability; 24 c P-13.2 PLANNING AND DEVELOPMENT, 2007 (e) the management of environmentally sensitive lands; (f) source water protection; (g) the means of implementing the official community plan; (h) the co‑ordination of land use, future growth patterns and public works with adjacent municipalities; (i) if the municipality has entered into an intermunicipal development agreement pursuant to section 32.1, the implementation of the intermunicipal development agreement; (j) the provision of municipal reserve for school purposes, including policies that: (i) ensure the creation of municipal reserve sites suitable in size to be used for school purposes; (ii) designate the locations of municipal reserve sites to be used for school purposes; and (iii) provide for the dedication of land or money‑in‑lieu of land through the subdivision process that supports equity for all subdivision applicants and municipalities within the region; and (k) the management of lands that are in proximity to existing or proposed railway operations. (3) An official community plan may: (a) address the co‑ordination of municipal programs relating to development; (b) contain statements of policy regarding the use of dedicated lands; (c) contain concept plans pursuant to section 44; (d) contain a map or series of maps that denote current or future land use or policy areas; (e) if a council has been declared an approving authority pursuant to subsection 13(1), contain policies respecting site plan control for specific commercial or industrial development pursuant to section 19; and (f) contain any other statements of policy relating to the physical, environmental, economic, social or cultural development of the municipality that the council considers advisable; (g) Repealed. 2012, c 28, s 11. (4) The policies mentioned in clause (2)(j) must be developed in consultation with: (a) the minister responsible for the administration of The Education Act, 1995; (b) any school division whose boundaries include land within the municipality; and (c) any municipality that may be affected by the policies if the consultation is determined to be necessary by the minister responsible for the administration of The Education Act, 1995. 2007, c P‑13.2, s 32; 2012, c 28, s 11; 2018, c 27, s 10. 25 PLANNING AND DEVELOPMENT, 2007 c P-13.2 Intermunicipal development agreements 32.1(1) The councils of two or more municipalities may, by bylaw, enter into an intermunicipal development agreement that provides for: (a) joint land use planning and development matters; (b) mechanisms for resolving disputes between the municipalities; (c) the services, infrastructure or facilities that are covered by the agreement; (d) the proportion of any funds that each affiliated municipality is required to contribute to meet the expenses of constructing and operating the services, infrastructure or facilities that are covered by the agreement; (e) a process and procedure for: (i) amending the agreement; and (ii) terminating the agreement; and (f) any other matters related to economic, physical, social or cultural development that the councils of the municipalities consider necessary. (2) If an intermunicipal development agreement contains provisions that limit or control the development of land, the councils of the municipalities that are parties to the agreement shall amend their official community plans and zoning bylaws to reflect those provisions. (3) Within 30 days after an intermunicipal development agreement is entered into, the municipalities that are parties to the agreement shall file with the director: (a) a certified copy of the intermunicipal development agreement; and (b) a certified copy of the bylaws of each municipality adopting the intermunicipal development agreement. (4) Within 30 days after an intermunicipal development agreement is amended or terminated, the municipalities that are parties to the agreement shall file with the director a certified copy of the bylaws of each municipality amending or terminating the intermunicipal development agreement. 2012, c 28, s 12; 2018, c 27, s 11. Severability of provisions of plan 33 The provisions of an official community plan are deemed to be severable and, if any provision is determined by a court to be invalid or inoperative, it does not render the remaining provisions invalid or inoperative. 2007, c P‑13.2, s 33. 26 c P-13.2 PLANNING AND DEVELOPMENT, 2007 Zoning bylaw required 34(1) If a council has not passed a zoning bylaw pursuant to this Act or any former Act, the council, in adopting an official community plan, shall, by separate bylaw, pass a zoning bylaw in accordance with this Act. (2) The council shall ensure that the municipality’s zoning bylaw is consistent with its official community plan, and any part of a zoning bylaw that is inconsistent with the official community plan has no effect insofar as it is inconsistent. 2007, c P‑13.2, s 34. Plan adoption process 35 An official community plan must be adopted by bylaw of the council in accordance with the public participation requirements of Part X. 2007, c P‑13.2, s 35. Submission to minister for approval 36(1) The municipal administrator shall submit to the minister: (a) two certified copies of the official community plan; (b) a copy of the bylaw adopting the official community plan; and (c) proof of compliance with the requirements of Part X in the form of a statutory declaration of the municipal administrator, together with a copy of all representations respecting the official community plan. (2) An official community plan has no effect unless it is approved by the minister. (3) If the minister issues a conditional approval, the official community plan, takes effect on and from the date of the conditional approval, except for the part of the official community plan that requires further amendment. 2007, c P‑13.2, s 36. Powers of minister 37(1) If an official community plan is submitted to the minister pursuant to section 36, the minister may: (a) approve the official community plan; (b) refuse to approve the official community plan; (c) approve the official community plan in part; or (d) approve the official community plan on the condition that the council effect amendments to it that, in the opinion of the minister, do not materially affect the plan in principle or substance. 27 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (2) If the minister: (a) does not approve the entire official community plan, the minister may direct the council to prepare and adopt a new official community plan; (b) approves the official community plan in part, the minister may direct the council to prepare and adopt amendments to meet the minister’s objections within any period that the minister may prescribe; or (c) issues a conditional approval, the minister may direct the council to prepare and adopt minor amendments within any period that the minister may prescribe. (3) Notwithstanding Part X, if the minister issues a conditional approval and directs the council to prepare and adopt minor amendments to the official community plan, the minister may exempt the council from providing any notice of the changes. 2007, c P‑13.2, s 37. Decision of minister 38 The minister shall render the minister’s decision within 90 days from the date the minister receives an official community plan, unless an extended time is required by the minister. 2007, c P‑13.2, s 38. Amendment or repeal of plan 39(1) Sections 35 and 36 to 38 apply, with any necessary modification, to the approval of: (a) an amendment to an official community plan; and (b) the repeal of an official community plan. (2) Notwithstanding section 38, the minister shall render the minister’s decision within 30 days after the date the minister receives an amendment to or repeal of an official community plan, unless an extended time is required by the minister. (3) If the minister considers it appropriate or necessary, an amendment to an official community plan submitted to the minister for the minister’s decision must be accompanied by a cost‑benefit analysis that demonstrates that the municipality has considered the following: (a) the provision of services to the area affected by the amendment; (b) the financial impacts to the municipality and its ratepayers; (c) the economic impacts to the municipality and surrounding region; (d) the environmental impacts to the municipality and surrounding region; (e) the social impacts to the municipality and surrounding region; and (f) any other impacts on surrounding communities. 2007, c P‑13.2, s 39; 2015, c 30, s 5‑2. 28 c P-13.2 PLANNING AND DEVELOPMENT, 2007 Municipality bound by plan 40(1) From the time that an official community plan or any amendment takes effect: (a) it is binding on the municipality and all other persons, associations or other organizations; and (b) no development shall be carried out that is contrary to the official community plan. (2) The adoption of an official community plan does not commit the municipality, any person, association or organization or any ministry or agency of the Government of Saskatchewan to undertake any of the projects outlined or proposed in that plan. 2007, c P‑13.2, s 40; 2019, c 25, s 17. Acquisition of land 41 For the purpose of carrying out an official community plan or ensuring that any proposal contained in a plan will be carried out according to the plan, the council may purchase or otherwise acquire land inside or outside the municipality. 2007, c P‑13.2, s 41. Expropriation 42(1) If the council cannot purchase the land at a fair price or cannot otherwise acquire the land by agreement with the owner, it may expropriate the land. (2) The price to be paid for land expropriated pursuant to subsection (1) is required to be determined by arbitration, and The Municipal Expropriation Act applies, with any necessary modification, to that expropriation. 2007, c P‑13.2, s 42. Power to subdivide and sell land 43 The council may subdivide, rearrange and deal with any land acquired pursuant to section 41 or 42 as if it were a private owner and the proceeds of any sale, lease or other disposition of the land may be applied in reduction of the cost of the project. 2007, c P‑13.2, s 43. DIVISION 2 Concept Plans Concept plans 44(1) If a municipality has an approved official community plan, a council may, as an amendment to its official community plan, adopt a concept plan by bylaw in accordance with section 39 for the purpose of providing a framework for subsequent subdivision and development of an area of land. 29 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (2) A concept plan may describe: (a) the land use proposed for the area, either generally or with respect to specific parts of the area; (b) the density of development proposed for the area, either generally or with respect to specific parts of the area; (c) the general location of services proposed for the area; and (d) the phasing of development proposed for the area. (3) The council shall ensure that any concept plan is consistent with its official community plan, and any part of a concept plan that is inconsistent with the official community plan has no effect insofar as it is inconsistent. (4) Notwithstanding subsection (1), a council that has been declared an approving authority pursuant to subsection 13(1) may adopt or amend a concept plan by resolution, subject to the requirements of subsection 23(3). 2007, c P‑13.2, s 44; 2015, c 30, s 5‑2. PART V Implementation of Plans DIVISION 1 Zoning Purposes of zoning bylaw 45 The purposes of a zoning bylaw are to control the use of land for providing for the amenity of the area within the council’s jurisdiction and for the health, safety and general welfare of the inhabitants of the municipality. 2007, c P‑13.2, s 45. Adoption of zoning bylaw 46(1) A council may authorize the preparation and adoption of a zoning bylaw for all or a part of the municipality only in conjunction with the adoption of an official community plan. (2) A council may authorize the preparation of a new zoning bylaw if the municipality: (a) has an official community plan and a zoning bylaw; and (b) wishes to repeal and replace the zoning bylaw only. (3) A council: (a) may authorize the preparation of an amendment to a zoning bylaw; and (b) if adopting an amendment prepared pursuant to clause (a), shall do so by bylaw. 2007, c P‑13.2, s 46. 30 c P-13.2 PLANNING AND DEVELOPMENT, 2007 Amendment to zoning bylaw at request of minister 47(1) For the purpose of achieving consistency with any provincial land use policies or statements of provincial interest, the minister, after consulting with the council, may direct the council to prepare and adopt an amendment to a zoning bylaw, including a zoning bylaw approved pursuant to any former Act. (2) The council shall, within six months after the date of a direction issued pursuant to subsection (1), amend the zoning bylaw. 2007, c P‑13.2, s 47. Obsolete zoning bylaws 48 If the minister is of the opinion that, after consulting with the municipality, any zoning bylaw approved pursuant to a former Act is obsolete or no longer adequate, the minister may repeal that zoning bylaw. 2007, c P‑13.2, s 48. Contents of zoning bylaw 49 A zoning bylaw must contain provisions: (a) prescribing or establishing districts of the number and area that the council considers appropriate; (b) prescribing the permitted uses in each district; (c) providing for the appointment of a development officer for the municipality to administer the zoning bylaw; (d) providing for a system of development permits; (e) prescribing types of development for which no development permit is required, if any; (f) prescribing the procedures whereby applications for development permits shall be made, processed and issued; (g) defining the period that a development permit remains in effect; (h) authorizing and prescribing a procedure for making and processing applications for minor variances and, if that procedure is used, requiring a record of minor variance applications to be established; (i) prescribing procedures for approval of a discretionary use pursuant to sections 54 to 58; (j) establishing a board to be the Development Appeals Board for the municipality pursuant to section 214; (j.1) regulating development in proximity to existing or proposed railway operations; and; (k) providing for any other matter that may be necessary to regulate and control the issuance of development permits as the council considers necessary. 2007, c P‑13.2, s 49; 2018, c 27, s 12. 31 PLANNING AND DEVELOPMENT, 2007 c P-13.2 Bylaw maps 50(1) If a zoning bylaw prescribes more than one district within the area of jurisdiction of the bylaw, the bylaw shall contain a map that: (a) represents the zoning districts; (b) bears a statement that it accompanies the zoning bylaw; and (c) is under the seal of the municipality and signed by the mayor or reeve and the municipal administrator. (2) If the map mentioned in clause (1)(a) consists of more than one map sheet detailing the zoning districts, the maps shall: (a) be attached and incorporated as a schedule to the zoning bylaw; and (b) be denoted as forming a part of the bylaw. 2007, c P‑13.2, s 50. Fees 51(1) Subject to subsection (2), a council may, in the zoning bylaw or by a separate fee bylaw, prescribe a schedule of fees to be charged for the application, review, advertising, approval, enforcement, regulation and issuance, as the case may be, of: (a) a development permit; (b) a discretionary use; (c) a minor variance; and (d) an amendment to an official community plan or zoning bylaw. (2) The fees prescribed pursuant to this section: (a) may be based on the size, type and complexity of matters mentioned in subsection (1); and (b) must not exceed the cost to the municipality of processing the application or of reviewing, advertising, approving, enforcing, regulating or issuing, as the case may be, the matters mentioned in subsection (1). (2.1) If a council prescribes a schedule of fees pursuant to this section, the council shall, with the bylaw prescribing the fees, adopt a document that sets out the rationale for the fees. (3) Before passing a fee bylaw, the council shall comply with the public participation requirements of Part X. (4) A council is exempt from obtaining the minister’s approval of the fee bylaw. (5) The municipal administrator shall file with the director a certified copy of the fee bylaw and the document mentioned in subsection (2.1) within 15 days after the date on which the bylaw is passed. 2007, c P‑13.2, s 51; 2012, c 28, s 13; 2018, c 27, s 13. 32 c P-13.2 PLANNING AND DEVELOPMENT, 2007 Development standards and optional zoning bylaw content 52(1) Without limiting the generality of section 45, a zoning bylaw may, with respect to any district established pursuant to clause 49(a), unless the district is designated as a direct control district pursuant to section 63, contain provisions that: (a) may prescribe for each district: (i) discretionary uses; (ii) the circumstances in which an application for development respecting an existing discretionary use shall require a new discretionary use approval by council; and (iii) the circumstances in which and length of time after which an approval is no longer valid for a discretionary use that has not commenced development; (b) may define a permitted use, a discretionary use, or a prohibited use in a district according to the intensity of use; (c) may prescribe permitted uses or discretionary uses that may be allowed in all districts; and (d) may prescribe permitted uses or discretionary uses in the district for any limited time that may be fixed by the bylaw, and terms and conditions respecting the reissuance of a development permit. (2) A zoning bylaw may prescribe development standards, performance standards and conditions applicable to: (a) any or all permitted uses; (b) any or all discretionary uses; (c) any specific intensity of use; or (d) any or all development or density of development in a district or class of districts. (3) A zoning bylaw may contain provisions: (a) designating certain uses that do not allow for buildings to be placed or constructed on a site; (b) prescribing the minimum or maximum area and dimensions of lots that may apply in any district for particular uses; (c) prescribing the percentage area of a lot that a building may occupy and prescribing the size of yards, courts and other open spaces; (d) authorizing, subject to section 60, approval of minor variances to specific standards; (e) regulating the location, height, number of storeys, area, volume or dimensions of any building to be placed, constructed, reconstructed, altered or repaired; 33 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (f) requiring the establishment and maintenance of any loading and parking facilities on land that is not part of a public highway; (g) regulating the access to and egress from a public street of any parking, loading, or drive‑through service spaces; (h) regulating or prohibiting development: (i) on land that is subject to flooding or subsidence; (ii) on land that is low‑lying, marshy or unstable; (iii) on land that has slopes exceeding specified standards; (iv) on land that is adjacent to or within a specified distance of the bank of any natural or artificial lake, river, stream or other body of water; (v) on land where the cost of providing public utilities would be prohibitive in the opinion of council; (vi) on land within a specified distance of the limits of an airport; or (vii) on the basis of land or resource capability; (i) regulating or prohibiting the outdoor storage of goods, machinery, vehicles, building materials, waste materials and other items and requiring outdoor storage sites to be screened by landscaping or buildings; (j) requiring and regulating the landscaping of land or buildings; (k) regulating or prohibiting the public display of signs and advertisements and regulating the nature, kind, size, location, colour and inscription of any sign or advertisement displayed; (l) regulating or prohibiting the alteration of land levels for building or other purposes if the alteration may affect surface drainage or land stability; (m) prohibiting or regulating all or any of the following: (i) the excavation or filling in of land or the filling in of bodies of water; (ii) the removal of soil or other material from land; (iii) the cutting or removal of trees or vegetation; (n) regulating or prohibiting the placement of exterior lighting on buildings or land, and regulating the amount and nature of light emitted from structures; (o) regulating the amount and nature of sound that may be emitted from a building or from within a parcel of land or any operation on a parcel of land and specifying the manner in which, and the equipment with which, the sound shall be measured for the purpose of the bylaw; (p) regulating or prohibiting the location of trailers, modular homes, mobile homes, trailer parks, modular and mobile home parks, and modular home and mobile home subdivisions and regulating the internal layout and standard of services to be provided in trailer parks and mobile home parks; 34 c P-13.2 PLANNING AND DEVELOPMENT, 2007 (q) requiring a letter of credit, performance bond or any other form of assurance the council considers necessary to ensure that the development is constructed and completed in accordance with the time frames and development standards required in the approval; (r) prescribing the procedures for the release of letters of credit, performance bonds or any other form of assurance the council considers necessary once the development is completed pursuant to clause (q); (s) if council has been declared an approving authority pursuant to subsection 13(1), imposing conditions and performance standards for site plan control for specific industrial and commercial development, pursuant to section 19; (t) prescribing procedures for obtaining public input on land use and development matters, in addition to the public participation requirements of Part X. 2007, c P‑13.2, s 52. Effect of passing a bylaw 53 If a council passes a bylaw that makes a use or specific intensity of use in a district a discretionary use, council is deemed to have approved the use or specific intensity of use on a parcel if the use exists at the time of passing of the bylaw. 2007, c P‑13.2, s 53. Application for discretionary use 54 If a zoning bylaw provides for a discretionary use, the bylaw shall contain provisions: (a) prescribing the procedures for making and processing an application for a discretionary use; and (b) prescribing criteria that council will use in evaluating the suitability of a proposed discretionary use application. 2007, c P‑13.2, s 54. Public notice of discretionary use applications 55(1) A zoning bylaw shall prescribe the procedures for providing notice to the public of a discretionary use application. (2) Unless a longer period is specified in the zoning bylaw, at least seven days before the application is to be considered by council, the notice mentioned in subsection (1) must be provided to: (a) the assessed owners of property within 75 metres of the boundary with the applicant’s land; and (b) other owners of property required to be notified pursuant to the zoning bylaw. (3) Subsection (2) does not apply if a council that has been declared an approving authority pursuant to subsection 13(1) has adopted notice procedures for discretionary uses in a public notice bylaw pursuant to section 24. 2007, c P‑13.2, s 55. 35 PLANNING AND DEVELOPMENT, 2007 c P-13.2 Council’s decision 56(1) A council shall exercise its discretion respecting an application pursuant to section 54 for a discretionary use by resolution to: (a) reject the application; (b) approve the discretionary use in accordance with the provisions of the zoning bylaw; (c) approve the discretionary use subject to development standards or conditions in accordance with the zoning bylaw; or (d) approve the discretionary use for a limited time, if a time limit is authorized in the bylaw. (2) A council may approve a discretionary use if the facts presented establish that the proposed discretionary use will: (a) comply with provisions of the zoning bylaw respecting the use and intensity of use of land for the discretionary use; (b) be consistent with the criteria in the zoning bylaw for approval of particular discretionary uses; (c) in the opinion of the council, be compatible with development in the district in the immediate area of the proposal; and (d) be consistent with provincial land use policies and statements of provincial interest. (3) In approving a discretionary use, the council may prescribe specific development standards or conditions with respect to that use, but only if those standards or conditions: (a) are based on and are consistent with general development standards or conditions made applicable to discretionary uses by the zoning bylaw; and (b) are, in the opinion of the council, necessary to secure the objectives of the zoning bylaw with respect to: (i) the nature of the proposed site, including its size and shape and the proposed size, shape and arrangement of buildings; (ii) the accessibility and traffic patterns for persons and vehicles, the type and volume of that traffic and the adequacy of proposed off‑street parking and loading; (iii) the safeguards afforded to minimize noxious or offensive emissions including noise, glare, dust and odour; or (iv) any treatment given, as determined by the council, to aspects including landscaping, screening, open spaces, parking and loading areas, lighting and signs, but not including the colour, texture or type of materials and architectural detail. 2007, c P‑13.2, s 56. 36 c P-13.2 PLANNING AND DEVELOPMENT, 2007 Notice of decision 57(1) If a council has approved an application for a discretionary use, with or without terms, conditions or time limits being imposed, the council or development officer shall provide written notice to the applicant that: (a) documents the decision and any development standards and conditions or time limits as authorized by the bylaw; (b) provides the effective date of the decision; and (c) states the applicant’s right to appeal pursuant to section 58. (2) If council has made a decision to reject an application for a discretionary use, the council or development officer shall provide written notice to the applicant of the decision based on the criteria established in the zoning bylaw. 2007, c P‑13.2, s 57. Applicant’s right of appeal 58(1) If an application for a discretionary use has been approved by council with prescribed development standards or conditions pursuant to subsection 56(3) and the applicant is of the opinion that the development standards or conditions prescribed exceed those necessary to secure the objectives of the zoning bylaw, the applicant may, within 30 days after the effective date of council’s approval, appeal the development standards or conditions prescribed with the approval of the discretionary use to the Development Appeals Board and from that board, if necessary, to the Saskatchewan Municipal Board in accordance with section 226. (2) The council or any party to whom the Development Appeals Board gave notice pursuant to subsection 222(3) may appeal a decision of the Development Appeals Board to the Saskatchewan Municipal Board in accordance with section 226. (3) In determining an appeal of the development standards or conditions prescribed for a discretionary use, the board hearing the appeal is subject to the requirements of section 221, with any necessary modification. 2007, c P‑13.2, s 58. Discretionary use responsibilities delegated to a development officer 59(1) Pursuant to clause 15(2)(b) and subject to subsection (2), if an approving authority delegates to a development officer the responsibility to exercise or carry out all or any of the powers and duties conferred or imposed on the council respecting a discretionary use, sections 56 to 58 apply, with any necessary modification, to a decision. (2) Notwithstanding subsection (1) and any right of appeal provided by section 58, if an applicant is dissatisfied by a decision of a development officer, the applicant may, within 30 days after the date of the written decision, apply to the council to review and confirm or alter the decision, development standards or conditions as the case may be. (3) The development standards or conditions imposed by a decision of the council made pursuant to subsection (2) may be appealed to the Development Appeals Board in accordance with section 58. 2007, c P‑13.2, s 59. 37 PLANNING AND DEVELOPMENT, 2007 c P-13.2 Minor variances 60(1) If a zoning bylaw authorizes a procedure for making and processing applications for minor variances pursuant to clause 49(h), the zoning bylaw may authorize the council or the development officer to vary the requirements of the zoning bylaw, subject to the following conditions: (a) a minor variance may be granted for variation only of: (i) the minimum required distance of a building from the lot line; and (ii) the minimum required distance of a building to any other building on the lot; (b) the maximum amount of minor variance must be established in the zoning bylaw and must not exceed a 10% variation of the bylaw requirements; (c) the development must conform to the zoning bylaw with respect to the use of land; (d) the relaxation of the bylaw must not injuriously affect neighbouring properties; and (e) a minor variance must not be granted: (i) in connection with an agreement entered into pursuant to section 69 respecting the rezoning of land; or (ii) if it would be inconsistent with any provincial land use policies or statements of provincial interest. (2) On receipt of an application for a minor variance, the council or development officer may: (a) approve the minor variance; (b) approve the minor variance and impose terms and conditions on the approval; or (c) refuse the minor variance. (3) If the council or development officer imposes terms or conditions on an approval pursuant to subsection (2), the terms and conditions must be consistent with the general development standards made applicable to minor variances by the zoning bylaw. (4) If an application for a minor variance is refused, the council or development officer shall notify the applicant in writing of the refusal and provide reasons for the refusal. (5) If an application for a minor variance is approved, with or without terms and conditions being imposed, the council or development officer shall provide written notice to: (a) the applicant; and (b) the assessed owners of property having a common boundary with the applicant’s land that is the subject of the application. 38 c P-13.2 PLANNING AND DEVELOPMENT, 2007 (6) The written notice required pursuant to subsection (5) must: (a) contain a summary of the application for minor variance; (b) provide reasons for and an effective date of the decision; (c) indicate that an adjoining assessed owner may, within 20 days after receipt of the notice provided pursuant to subsection (5), lodge a written objection with the council or development officer; and (d) if there is an objection described in clause (c), advise that the applicant will be notified of the right of appeal to the Development Appeals Board. (7) The written notice required pursuant to subsection (5) must be delivered: (a) by registered mail; or (b) by personal service. (8) A decision approving a minor variance, with or without terms and conditions, does not take effect: (a) in the case of a notice sent by registered mail, until 23 days from the date the notice was mailed; or (b) in the case of a notice that is delivered by personal service, until 20 days from the date the notice was served. (9) If an assessed owner of property having a common boundary with the applicant’s land that is the subject of the application objects, in writing, to the municipality respecting the approval of the minor variance within the periods prescribed in subsection (8), the approval is deemed to be revoked and the council or development officer shall notify the applicant in writing: (a) of the revocation of the approval; and (b) of the applicant’s right to appeal the revocation to the Development Appeals Board within 30 days after receiving the notice. (10) If an application for a minor variance is refused or approved with terms and conditions, the applicant may appeal to the Development Appeals Board within 30 days after the date of that decision. (11) A decision of the Development Appeals Board may be appealed to the Saskatchewan Municipal Board in accordance with section 226. (12) Pursuant to section 20, clauses (1)(a) and (b) and subsections (5) to (9) do not apply if an approving authority has included these matters in its zoning bylaw. 2007, c P‑13.2, s 60. Payments in lieu of parking facilities 61(1) If a zoning bylaw requires parking facilities as set out in clause 52(3)(f), the council, if authorized to do so by its zoning bylaw, may: (a) exempt a use from the requirements of providing parking facilities; and 39 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (b) require the applicant to pay to the council, subject to any terms and conditions that the council may determine, a sum, calculated by multiplying the number of parking spaces that would otherwise be required to be provided with that use by the amount fixed for each parking space in accordance with clause (2)(b). (2) If a zoning bylaw contains provisions with respect to payment in lieu of the provision of parking facilities as set out in subsection (1): (a) the zoning bylaw is required to define the area to which the payment applies; (b) the zoning bylaw is required to fix, for each district or part of a district located within the area defined, any amount that the council may determine for each parking space that should have been provided for the development; and (c) the municipality shall hold all moneys received pursuant to subsection (1) in a separate account that is required to be expended only for the acquisition, construction, operation or maintenance of parking facilities or the capital costs of the transit system. (3) No person who pays or agrees in writing to pay the sum the person is required to pay in lieu of providing parking facilities is required to provide those facilities in lieu of which the payment or agreement to pay is made, and the use with respect to which the payment or agreement to pay is made is required to be treated as having the required parking facilities. (4) Every municipality shall maintain a permanent record of all payments or agreements to pay in lieu of providing parking facilities and, if an applicant fails to pay any sum due under an agreement, that sum may: (a) be added to and form part of the taxes on the land or buildings with respect to which the agreement to pay was made; or (b) be recovered from the applicant by an action in debt in any court of competent jurisdiction as a debt due to the municipality and the agreement is, in the absence of evidence to the contrary, proof of the debt. 2007, c P‑13.2, s 61. Development permit required 62(1) If a zoning bylaw is in effect and a development permit is required, no person shall undertake a development or commence a use unless the person obtains a development permit. (2) If a person applies for a development permit with respect to a development or use described as a permitted use by a zoning bylaw, the development officer shall, if the application conforms to the zoning bylaw, issue a development permit. (3) If a person applies for a development permit with respect to a development or use that is described as a discretionary use by a zoning bylaw, the development officer shall, if the application is approved by council, issue a development permit subject to any development standards or conditions prescribed pursuant to subsection 56(3). 40 c P-13.2 PLANNING AND DEVELOPMENT, 2007 (4) If a person applies for a development permit with respect to a development or use subject to performance standards, development standards or conditions prescribed pursuant to subsection 52(2): (a) the development officer, in issuing a development permit, shall incorporate in the permit the performance standards, development standards or conditions with which the development or use shall comply; and (b) the standards or conditions incorporated pursuant to clause (a) must be consistent with the standards or conditions as set out in the bylaw. (5) Every decision of the council or the development officer with respect to an application for a development permit shall be in writing, and a copy of the decision shall be sent to the applicant by the development officer. (6) If the council or development officer refuses an application for a development permit, the decision is required to state the reasons for the refusal. (7) No development permit is valid unless it conforms with the zoning bylaw and this Act. (8) No building permit is valid unless a subsisting development permit, if such a permit is required, has been issued. 2007, c P‑13.2, s 62. Designation of direct control district 63 A municipality may, in its zoning bylaw, designate an area as a direct control district if: (a) the municipality has an approved official community plan that contains guidelines respecting the development of areas designated in the bylaw; and (b) the council considers it desirable to exercise particular control over the use and development of land or buildings within that area of the municipality. 2007, c P‑13.2, s 63. Control of development in direct control district 64 The council may regulate and control the use or development of land or buildings in a direct control district in any manner that is consistent with the guidelines mentioned in section 63. 2007, c P‑13.2, s 64. Approval of development in direct control district 65(1) No person shall undertake any development in a direct control district unless the council or the Saskatchewan Municipal Board pursuant to section 67 has approved, as the council or board may determine, one or both of the following: (a) the plans showing the location of all buildings to be erected, all facilities and works to be provided in conjunction with those buildings and all facilities and works required pursuant to subsection (2); 41 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (b) the drawings showing plan, elevation and cross‑sectional views for each building to be erected that are sufficient to display: (i) the massing and conceptual design of the proposed building; (ii) the colour, texture and type of materials, window detail and architectural detail of the exterior of the proposed building; (iii) the relationship of the proposed building to adjacent buildings, streets and exterior areas to which members of the public have access; and (iv) the provision of interior walkways, stairs and escalators to which members of the public have access from streets, open spaces and interior walkways in adjacent buildings, but which do not include the layout of interior areas, other than the interior walkways, stairs and escalators. (2) As a condition to the approval of the plans and drawings mentioned in subsection (1), the council may require the person seeking approval to enter into a development agreement with the municipality with respect to that land or building and that agreement may provide for: (a) the use of the land and any existing or proposed building; (b) the timing of construction of any proposed building; (c) the amenities required to be provided for public use or convenience within the building or on the land; (d) off‑street loading and parking facilities; (e) walls, fences, hedges, trees, shrubs or other groundcover or facilities for the landscaping of the lands or the protection of adjoining lands; (f) walkways, including the surfacing of walkways, and all other means of pedestrian access; (g) facilities for the lighting, including floodlighting, of the land or any building; (h) vaults, central storage and collection areas and other facilities and enclosures for the storage of garbage and other waste material; (i) the construction by or at the expense of the person seeking approval, in whole or in part, of: (i) roads, sidewalks, landscaping and street lighting; (ii) works, plants, pipelines or facilities for storm drainage, water supply and distribution or electrical distribution; (iii) a system of collection and disposal of sewage; or (iv) any other public utility; 42 c P-13.2 PLANNING AND DEVELOPMENT, 2007 (j) the payment of a sum of money to the municipality in lieu of any of the requirements of clause (i) to be used by the municipality for any of the purposes mentioned in that clause; and (k) the maintenance, to the satisfaction of the municipality and at the risk and expense of the applicant, of any of the facilities or works mentioned in clauses (c) to (i). (3) A development agreement may provide that it runs with the land, and the municipality may apply to the Registrar of Titles to register an interest based on the development agreement against the affected titles. (4) A copy of the development agreement must be submitted with an application made pursuant to subsection (3). (5) A development agreement is deemed to bind the owner of the land affected by it and the owner’s heirs, executors, administrators, successors and assigns, and no use of land or buildings located on that land or any development of that land is to take place except in accordance with that agreement. 2007, c P‑13.2, s 65. Direct control responsibilities delegated to a development officer 66 Pursuant to clause 15(2)(c), if an approving authority delegates to the development officer the responsibility to exercise or carry out the powers and duties conferred or imposed on the council respecting approval of development in a direct control district, subsections 65(1) and (2) apply to the development officer, with any necessary modification. 2007, c P‑13.2, s 66. Right of appeal 67(1) Subject to subsections (3) to (5), by written notice to the secretary of the Saskatchewan Municipal Board and to the municipal administrator, an applicant may require that plans or drawings mentioned in subsection 65(1), or the terms and conditions of a development agreement, be referred to the Saskatchewan Municipal Board if: (a) the council fails to approve the plans or drawings within 60 days after the date on which the plans or drawings are submitted to the municipality; or (b) a development agreement has not been entered into within 90 days after the date on which the plans or drawings are submitted to the municipality. (2) On receipt of a notice mentioned in subsection (1), the Saskatchewan Municipal Board shall: (a) settle, determine and approve the details of the plans or drawings; and (b) settle and determine the requirements, including the provisions of any development agreement required. 43 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (3) The council and the applicant may agree to extend the time limits set out in clauses (1)(a) and (b). (4) Pursuant to clause 28(1)(a), a council that has been declared an approving authority pursuant to subsection 13(1) may, in its zoning bylaw, extend the time limits set out in clauses (1)(a) and (b). (5) Notwithstanding subsection (1), if a council has been declared an approving authority pursuant to subsection 13(1), any referral by the applicant pursuant to subsection (1) shall be made, in the first instance, to the Development Appeals Board. (6) A decision of the Development Appeals Board pursuant to subsection (5) may be appealed to the Saskatchewan Municipal Board in accordance with section 226. 2007, c P‑13.2, s 67. Exempt classes of development 68 If the council has designated a direct control district, it may, in its zoning bylaw, define any class of development that may be undertaken without the approval of plans and drawings required pursuant to subsection 65(1). 2007, c P‑13.2, s 68. Contract zoning 69(1) If a municipality has an approved official community plan that contains guidelines respecting the entering into of agreements for the purpose of accommodating requests for the rezoning of land, and a person applies to the council to have an area of land rezoned to permit the carrying out of a specified proposal, the council may, subject to those guidelines, enter into an agreement with the person setting out: (a) a description of the proposal; (b) reasonable terms and conditions with respect to: (i) the uses of the land and buildings or the forms of development; and (ii) the site layout and external design, including parking areas, landscaping and entry and exit ways, but not including the colour, texture or type of materials and architectural detail; (c) time limits within which any part of the described proposal or terms and conditions imposed pursuant to clause (b) must be carried out; and (d) a condition that, on the rezoning of the land, none of the land or buildings shall be developed or used except in accordance with the proposal, terms and conditions and time limits prescribed in the agreement. (2) The council may, on application by the person who entered into an agreement pursuant to this section or by any person who is the subsequent owner of the land to which the agreement relates: (a) vary the agreement; (b) enter into a new agreement; or (c) extend any time limit prescribed in the agreement. 44 c P-13.2 PLANNING AND DEVELOPMENT, 2007 (3) An agreement entered into pursuant to this section runs with the land, and the municipality shall register an interest based on the agreement in the land registry against the affected titles: (a) at any time after the bylaw amending the zoning bylaw is approved by the minister; or (b) if approval of the minister is waived pursuant to section 78, at any time after the bylaw amending the zoning bylaw is passed by the council. (4) On registration of an interest based on an agreement entered into pursuant to this section, the agreement binds the registered owner of the land affected by the agreement and the registered owner’s heirs, executors, administrators, successors and assigns. (5) No use or development of land or buildings that are the subject of an agreement entered into pursuant to this section may take place except in accordance with the agreement. (6) Notwithstanding anything contained in this Act, an amendment to a zoning bylaw effected pursuant to this section does not take effect until an interest based on an agreement required pursuant to this section is registered in accordance with subsection (3).

(7) The council may declare any agreement entered into pursuant to this section void if: (a) any land or buildings that are the subject of an agreement are developed or used contrary to the provisions of the agreement; or (b) the development fails to meet a time limit prescribed in the agreement. (8) If the council declares an agreement void pursuant to subsection (7), the land reverts to the district to which it was subject before rezoning. (9) Subject to section 24, if the council intends to void an agreement pursuant to subsection (7), it shall give notice of the proposed cancellation and the effect of the cancellation in one issue of a newspaper that circulates in the municipality. (10) If, after giving the required notice, the council voids an agreement pursuant to subsection (7), it shall discharge the registration of any interest registered in connection with the agreement. (11) Before entering into an agreement with a person pursuant to this section, the council may require the person to deliver a performance bond acceptable to the council to assure implementation of the agreement. 2007, c P‑13.2, s 69. 45 PLANNING AND DEVELOPMENT, 2007 c P-13.2 Exception to development standards 70(1) The council may, in its zoning bylaw, authorize specific relaxations in the development standards required by the bylaw that will be permitted in cases in which a person provides certain facilities, services or matters set out in the bylaw. (2) No bylaw is to be passed in accordance with subsection (1) unless the municipality has an approved official community plan that contains provisions relating to the authorization of relaxations in the development standards required in the bylaw. (3) If a person elects to provide facilities, services or matters in accordance with subsection (1), the council may require the person to enter into any agreement with the municipality respecting the facilities, services or matters. (4) Subsections 65(3) and (5) apply, with any necessary modification, to an agreement entered into pursuant to subsection (3). 2007, c P‑13.2, s 70. Holding provision 71(1) The council may, in a zoning bylaw, by the use of the holding symbol “H” in conjunction with any zoning district designation, specify the use to which lands or buildings may be put at any time that the holding symbol is removed by amendment to the zoning bylaw. (2) If a council proposes to amend a zoning bylaw to remove the holding symbol, the council is exempt from: (a) notwithstanding section 75, complying with the public participation requirements of Part X; and (b) notwithstanding section 76, obtaining the minister’s approval of the amending bylaw. (3) If a holding symbol has been removed pursuant to subsection (2), the municipal administrator shall file with the director a certified copy of the amendment of the bylaw within 15 days after the date that the amendment is adopted. (4) If the council has designated lands with a holding symbol, the council may require the applicant to post the land with a notice in any form that the council may specify. (5) Subject to subsections (6) to (8), an applicant may appeal to the Development Appeals Board, if, on receipt by the municipal administrator of an application to amend a zoning bylaw to remove the holding symbol: (a) the council refuses the application; or (b) the council refuses or fails to make a decision respecting the application within 60 days after the date on which the application is received. (6) Pursuant to clause 28(1)(b), a council that has been declared an approving authority pursuant to subsection 13(1) may, in its zoning bylaw, extend the time limit set out in subsection (5). 46 c P-13.2 PLANNING AND DEVELOPMENT, 2007 (7) On hearing an appeal pursuant to subsection (4), the Development Appeals Board may: (a) dismiss the appeal; or (b) direct the council to amend the zoning bylaw in accordance with the board’s decision. (8) The council and the applicant may agree to extend the period for making an appeal pursuant to subsection (5). (9) A decision of the Development Appeals Board may be appealed to the Saskatchewan Municipal Board in accordance with section 226. 2007, c P‑13.2, s 71; 2018, c 27, s 14. Demolition control 72(1) The council of a municipality may designate in accordance with subsection (2) an area as a demolition control district if: (a) the council considers it desirable to exercise control over the demolition of a residential building; and (b) the municipality: (i) has an approved official community plan containing guidelines respecting the application of demolition control areas; and (ii) has passed a building bylaw and a maintenance bylaw. (2) If the municipality wishes to designate a demolition control district, it shall designate the area in the zoning bylaw by using the control symbol “DC” in conjunction with any other designation. (3) If the council designates a demolition control district in accordance with this section, no person shall demolish all or any part of any residential building in the district unless that person obtains a development permit. (4) No permit authorizing demolition is valid in a demolition control district unless, if a development permit is required for that area by the council, a valid development permit has been issued. (5) If an application is made to a council for a development permit to demolish a residential building within a designated demolition control district, the council may: (a) issue the permit; (b) refuse to issue the permit; or (c) issue the permit with terms and conditions. (6) If the council, pursuant to subsection (5), imposes terms and conditions on a development permit, the terms and conditions imposed by the council must be consistent with general development standards made applicable to the demolition of buildings by the zoning bylaw. 47 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (7) An applicant for a development permit to demolish a residential building may appeal to the Development Appeals Board: (a) the council’s refusal to issue the permit; (b) the council’s failure to make a decision within 30 days after the receipt by the council of the application if the application has been verified as complete by the development officer; or (c) the council’s imposition of terms and conditions. (8) An applicant shall make an appeal pursuant to subsection (7) within 30 days after the refusal, failure to make the decision or imposition of terms and conditions. (9) In accordance with clause 28(1)(c), a council that has been declared an approving authority pursuant to subsection 13(1) may, in its zoning bylaw, extend the time limits set out in subsections (7) and (8). (10) A decision of the Development Appeals Board may be appealed to the Saskatchewan Municipal Board in accordance with section 226. (11) A municipality may register in the land registry, against the affected titles, an interest based on a development permit to demolish a residential building that has been issued with terms and conditions imposed by the municipality. (12) On registration of an interest based on a development permit, the terms and conditions imposed on the development permit: (a) enure to the benefit of the municipality; and (b) run with the land and are binding on the registered owner of the land and the registered owner’s heirs, executors, administrators, successors and assigns. 2007, c P‑13.2, s 72. Architectural controls 73(1) Notwithstanding any other provision of this Act but subject to subsection (2), the council may, in its zoning bylaw, designate an area in the municipality as an architectural control district if the council: (a) considers it desirable to control building sites and the architectural detail, colour and texture and type of material of buildings within that area; and (b) has an approved official community plan containing guidelines respecting the application of architectural detail. (2) If a municipality wishes to designate an architectural control district to preserve the physical character of an area or to promote an established theme for the area, the council shall designate the district in the zoning bylaw by using the control symbol “AC” in conjunction with any other designation. (3) If an application is made to a council for a development permit in an architectural control district, the council may: (a) issue the permit; 48 c P-13.2 PLANNING AND DEVELOPMENT, 2007 (b) refuse to issue the permit; or (c) issue the permit with terms and conditions. (4) If the council, pursuant to subsection (3), imposes terms and conditions on a development permit, the terms and conditions imposed by the council shall be consistent with general development standards made applicable to architectural control of buildings by the zoning bylaw. (5) An applicant for a development permit may appeal to the Development Appeals Board: (a) the council’s refusal to issue the permit; (b) the council’s failure to make a decision within 30 days after receipt of an application if the application has been verified complete by the development officer; or (c) the council’s imposition of terms and conditions. (6) An applicant shall make an appeal pursuant to subsection (5) within 30 days after the refusal, failure to make the decision or imposition of terms and conditions. (7) In accordance with clause 28(1)(c), a council that has been declared an approving authority pursuant to subsection 13(1) may, in its zoning bylaw, extend the time limits set out in subsections (5) and (6). (8) A decision of the Development Appeals Board may be appealed to the Saskatchewan Municipal Board in accordance with section 226. 2007, c P‑13.2, s 73; 2012, c 28, s 14. Delegation of authority 74 A council may, in its zoning bylaw, delegate to the development officer the responsibility to exercise or carry out the powers and duties conferred or imposed on the council pursuant to subsections 72(5) and 73(3). 2007, c P‑13.2, s 74. Procedure for adoption of zoning bylaw 75 Adoption of or amendment to a zoning bylaw is required to be by bylaw adopted in accordance with Part X. 2007, c P‑13.2, s 75. Approval of zoning bylaw 76(1) Sections 36 and 37 apply, with any necessary modification, to the approval of: (a) a zoning bylaw; and (b) any amendment to or repeal of a zoning bylaw. 49 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (2) The minister shall render a decision with respect to a zoning bylaw: (a) within 90 days after the date of receipt of a zoning bylaw or within 30 days after receipt of an amendment to the zoning bylaw; or (b) within any greater period that may be required by the minister. 2007, c P‑13.2, s 76. Exercise of powers by minister 77 If the council fails to prepare or adopt a zoning bylaw or amendment as required by section 47 or subsection 76(1), the minister may exercise any of the powers of the council pursuant to this Act after giving at least 30 days’ written notice to the municipality of the minister’s intention to do so. 2007, c P‑13.2, s 77. Waiver of ministerial approval 78(1) Notwithstanding any other provision of this Part, the minister may, by order, waive the requirements of the approval of the minister with respect to any amendment of a zoning bylaw, except any amendment that is directed by the minister. (2) An order made pursuant to subsection (1) may relate to any municipality or class of municipalities. (3) The minister shall cause every order made pursuant to subsections (1) and (5) to be published in the Gazette. (4) If the requirements of the approval of the director with respect to an amendment of a bylaw are waived pursuant to subsection (1), the municipal administrator shall file with the director a certified copy of the amendment of the bylaw within 15 days after the date that the amendment is adopted. (5) The minister may, by order, amend, suspend or revoke any waiver given by the minister pursuant to subsection (1) if the minister considers it appropriate to do so. 2007, c P‑13.2, s 78; 2018, c 27, s 15. Zoning bylaw binds municipality 79 From the time that a zoning bylaw or any amendment to the zoning bylaw takes effect: (a) the zoning bylaw or amendment is binding on the municipality and on all other persons, associations or other organizations; and (b) no development shall be carried out that is contrary to the zoning bylaw. 2007, c P‑13.2, s 79. 50 c P-13.2 PLANNING AND DEVELOPMENT, 2007 DIVISION 2 Interim Development Control Interim development control bylaw 80(1) A municipality may pass an interim development control bylaw to control development for an area that may be affected by: (a) a proposed official community plan or zoning bylaw; (b) an amendment being prepared by council to an existing official community plan or zoning bylaw; or (c) a study of a land use planning matter being undertaken by council. (2) No council shall pass an interim development control bylaw pursuant to subsection (1) if the council is reviewing and consolidating an existing official community plan or zoning bylaw. (3) All interim development control bylaws must be consistent with provincial land use policies and statements of provincial interest. 2007, c P‑13.2, s 80. Requirements for approval 81(1) All interim development control bylaws require the approval of the minister. (2) Notwithstanding subsection (1) and subject to section 23, a council that has been declared an approving authority pursuant to subsection 13(1) is exempt from obtaining the minister’s approval of an interim development control bylaw. (3) If an interim development control bylaw has been passed pursuant to subsection 80(1), the municipal administrator shall submit to the minister two certified copies of the interim control development bylaw. (4) The minister shall render the minister’s decision with respect to the proposed bylaw within 30 days after the date on which the minister receives the proposed bylaw. (5) Subject to section 23, an interim development control bylaw has no effect until it is approved by the minister, and the minister may approve the bylaw subject to any terms and conditions that the minister considers advisable. 2007, c P‑13.2, s 81. Time in effect 82 An interim development control bylaw passed pursuant to subsection 80(1) remains in effect for the shorter of the following periods: (a) two years after the date on which the interim development control bylaw is passed; (b) the period in which the council completes a study of a land use planning matter or prepares and adopts an official community plan and a zoning bylaw. 2007, c P‑13.2, s 82. 51 PLANNING AND DEVELOPMENT, 2007 c P-13.2 Notice of bylaw 83 No notice or hearing is required before the passing of an interim development control bylaw, but the municipality shall, within 30 days after the date that a bylaw is approved by the minister: (a) give notice of the bylaw in a newspaper circulating in the municipality published at least once each week for two consecutive weeks; and (b) file a copy of the notice with the director. 2007, c P‑13.2, s 83; 2018, c 27, s 16. Permission for development 84(1) Any person who wishes to carry out development in an area subject to an interim development control bylaw shall apply to the council for permission to carry out the development. (2) Subject to subsection (4), the council shall, within 60 days after the date of receipt of an application: (a) grant the permission applied for; (b) grant the permission subject to any terms and development standards that it may specify; or (c) refuse the permission applied for and promptly notify the applicant in writing of its decision and the right to appeal pursuant to section 86. (3) The time allowed for consideration of development proposals may be extended by agreement between the applicant and the council. (4) No development that is contrary to an official community plan or a zoning bylaw shall be permitted in an area that is subject to an interim development control bylaw. 2007, c P‑13.2, s 84. Delegation of authority 85(1) The council may delegate to any officer of the municipality the authority to grant permission on behalf of the council pursuant to section 84. (2) If an officer who has the delegated authority pursuant to subsection (1) is of the opinion that he or she does not have the authority to grant an applicant permission to carry out development in an area affected by an interim development control bylaw, the officer shall promptly advise the applicant and the council of the decision and forward the application to the council for a decision. 2007, c P‑13.2, s 85. Appeal from interim development control bylaw 86(1) If an application pursuant to section 84 is approved subject to terms and development standards, refused or not dealt with within the prescribed period and the applicant is aggrieved by the action or inaction, the applicant may, in the case of an interim development control bylaw that has been passed: (a) if the municipality does not have an existing official community plan or zoning bylaw, appeal within 30 days after the council’s decision or the expiration of the period provided for in subsection 84(2) to the Saskatchewan Municipal Board; or 52 c P-13.2 PLANNING AND DEVELOPMENT, 2007 (b) if the municipality has an existing official community plan or zoning bylaw, appeal within 30 days after council’s decision or the expiration of the time period provided for in subsection 84(2) to the Development Appeals Board. (2) The applicant or the municipality may appeal a decision of the Development Appeals Board to the Saskatchewan Municipal Board in accordance with section 226. (3) In determining an appeal pursuant to subsection (1) or (2), the Development Appeals Board or Saskatchewan Municipal Board, as the case may be, may dismiss the appeal or may make any decision that the council could have made respecting the application. (4) A decision of the Development Appeals Board or the Saskatchewan Municipal Board must be consistent with provincial land use policies and statements of provincial interest. 2007, c P‑13.2, s 86. Limitation on interim development control bylaws 87 If an interim development control bylaw ceases to be in effect, the council shall not, for a period of three years from that date, pass another interim development control bylaw that applies to any lands to which the original interim development control bylaw applied. 2007, c P‑13.2, s 87. DIVISION 3 Non-conforming Uses, Buildings and Sites Existing non-conforming uses, buildings, and sites 88 Subject to the other provisions of this Act, the enactment of a zoning bylaw or any amendment to a zoning bylaw does not affect any non‑conforming building, non‑conforming use or non‑conforming site. 2007, c P‑13.2, s 88. Continuation of non-conforming use or intensity of use 89(1) A non‑conforming use or intensity of use may be continued if: (a) the use, either permitted or discretionary, conformed to the bylaw that was in effect at the time of development; and (b) the use has not been discontinued for a period of more than 12 consecutive months on that site. (2) Any future use of the land or building must conform with any current zoning bylaw. 2007, c P‑13.2, s 89. 53 PLANNING AND DEVELOPMENT, 2007 c P-13.2 Changes to a non-conforming use 90(1) A non‑conforming use must not be increased in intensity, area or volume within a building, or on the parcel it occupies. (2) A non‑conforming use must not be: (a) relocated within a building; (b) moved to any other location in a building; or (c) moved to another portion of the parcel on which the use is situated. (3) Structural alterations or additions: (a) may only be made to a building or that part of a building where the use is conforming; and (b) must not be undertaken to any part of a building occupied by a non‑conforming use. (4) For the purposes of this section, repairs, maintenance or installations that do not alter the size of the building or involve the rearrangement or replacement of structural supporting elements are not considered to be structural alterations. 2007, c P‑13.2, s 90. Non-conformity of building or site 91(1) Any non‑conforming building on a conforming or non‑conforming site may continue to be used and any structural repairs, alterations and additions that conform to the requirements of the zoning bylaw may be made, but the element of non‑conformity must not be increased by those repairs, alterations or additions. (2) If an application for structural repairs, alterations or additions to a non‑conforming building mentioned in subsection (1) is refused, an appeal may be made to the Development Appeals Board in accordance with section 219 and to the Saskatchewan Municipal Board in accordance with section 226. 2007, c P‑13.2, s 91. Damage to buildings 92 If the extent of damage to a non‑conforming building is such that the cost to repair is more than 75% of the construction cost to replace the building above its foundation, the building is not to be repaired or rebuilt except in accordance with the zoning bylaw. 2007, c P‑13.2, s 92. Change of occupancy 93 The use of land or the use of a building is not affected by a change or intended change of ownership, tenancy or occupancy of the land or building. 2007, c P‑13.2, s 93. 54 c P-13.2 PLANNING AND DEVELOPMENT, 2007 PART VI Planning Commissions DIVISION 1 Municipal Planning Commissions Interpretation of Part 94 In this Part: (a) “affiliated municipality” means a municipality that is a party to an agreement; (b) “agreement”, except in section 109 and in Division 4, means an agreement entered into pursuant to section 97; (c) “included municipality” means a municipality that is within a regional planning area and that is included in a regional planning authority; (d) “regional planning area” means an area as designated by the minister pursuant to subsections 119.1(1) and (3) 2013, c 23, s 8. Establishment 95(1) A council may, by bylaw, establish a municipal planning commission. (2) In a bylaw passed pursuant to subsection (1), a council shall address all of the following matters: (a) the eligibility, number and term of office of persons appointed as meers to the commission; (b) the powers, duties and procedures of the commission; (c) the provision for the appointment of advisers and consultants to the commission; (d) the authorization of a budget for the establishment and operation of the commission; (e) any other matter that the council considers necessary for the operation of the commission. (3) Without restricting the generality of subsections (1) and (2), the commission may investigate, study, advise and assist the council with respect to community planning and development, including any matter that, in the opinion of the commission, is related to the physical, social or economic circumstances of the municipality and affects or may affect the development of the municipality. 2007, c P‑13.2, s 95. 55 PLANNING AND DEVELOPMENT, 2007 c P-13.2 Conflict of interest 96 No member of a municipal planning commission may hear or vote on any decision that relates to a matter with respect to which the member has a conflict of interest or financial interest as described in subsection 2(2). 2007, c P‑13.2, s 96; 2018, c 27, s 17. DIVISION 2 Planning Districts Agreement for establishment of planning district 97(1) Subject to section 98, the councils of two or more municipalities may, by bylaw, enter into an agreement respecting the establishment of a planning district. (2) An agreement entered into pursuant to subsection (1): (a) must provide for the following: (i) the establishment of the named planning district and the definition of the area of the planning district, which may consist of the whole or any portion of any of the affiliated municipalities, as would constitute a logical, rational area for planning purposes based on, but not limited to, considerations including: (A) topographic features; (B) watershed management; (C) environmental management; (D) the extent of existing and probable development; (E) the existence of important agricultural, resource, conservation, recreational or other urban or rural planning related matters, including those that may be of a sector specific nature; (F) the existence of planning issues common to the municipalities concerned; or (G) the provision of joint services; (ii) the establishment of a district planning commission consisting of: (A) at least one person who is a council member, to be appointed by each affiliated municipality; (B) representatives of any Indian band affected by the establishment of a planning district, or any government agency the affiliated municipalities agree should be represented on the commission; and (C) any other persons that may be appointed jointly by the affiliated municipalities having an interest pertaining to community planning in the district on matters such as environmental, economic, social and cultural sustainability; 56 c P-13.2 PLANNING AND DEVELOPMENT, 2007 (iii) with respect to the district planning commission: (A) the eligibility for appointment or reappointment of members to the commission as set out in subclause (ii); (B) the tenure of office of members of the commission; (C) the manner of filling vacancies on the commission; (D) the remuneration and expenses, if any, payable to members of the commission; and (E) the manner in which a chairperson and any acting chairperson are to be designated from among the members of the commission; (iv) the proportion of any funds that each affiliated municipality is required to contribute to meet the expenses of the planning district and, without restricting the generality of the foregoing, providing for the manner in which office space and facilities are to be provided to the planning district by any of those municipalities; (v) mechanisms for resolving disputes between the affiliated municipalities; and (vi) a process and procedure for: (A) amending the agreement; (A.1) adding the affiliation of a municipality; (B) withdrawing the affiliation of a municipality; and (C) distributing any assets and liabilities of the district planning commission; and (b) may provide for a process and procedure for passing amendments to the district plan in accordance with subsections 102(16) to (19) if the proposed amendment affects only land within one municipality. 2012, c 28, s 15; 2018, c 27, s 18. Approval of agreement required 98(1) The affiliated municipalities shall submit the agreement to the minister for the minister’s approval, and the agreement has no effect until it is so approved. (2) In considering an agreement submitted pursuant to subsection (1), the minister may remit the agreement to the affiliated municipalities for amendment if the minister is satisfied that the amendment is warranted. (3) If the minister remits an agreement for amendment pursuant to subsection (2), that amendment shall be effected before the minister may approve the agreement. 2007, c P‑13.2, s 98. 57 PLANNING AND DEVELOPMENT, 2007 c P-13.2 Order establishing planning district 99 If the minister has approved an agreement, the minister may issue an order establishing a planning district that: (a) in accordance with the agreement: (i) lists the affiliated municipalities; (ii) describes the area to be included in the planning district and states the name of the planning district; (iii) specifies the number of members on the commission and by whom each of them is to be appointed; and (iv) sets out the arrangements that have been made with respect to the matters mentioned in subclauses 97(2)(a)(iii) and (iv); and (b) may provide for any other matters that the minister considers necessary with respect to the planning district and its commission. 2007, c P‑13.2, s 99; 2012, c 28, s 16. Powers of district planning commission 100 Subject to the terms of the order establishing a planning district, a district planning commission may: (a) make rules of procedure that are not contrary to law or inconsistent with this Act or the regulations for the conduct of its business, the governing of its proceedings, the calling of meetings and the quorum at them; (b) establish procedures for the affiliated municipalities that permit the holding of joint public hearings respecting adoption, amendment or repeal of an official community plan, district plan or zoning bylaw; (c) appoint any consultants or employees that may be necessary for the exercise of any of its powers or the performance of any of its duties and fix their remuneration; (d) appoint advisory committees consisting of one or more of the members of the district planning commission or any other person and fix their remuneration; and (e) with the consent of any affiliated municipality, avail itself of the services of any officer or employee of that municipality. 2007, c P‑13.2, s 100; 2012, c 28, s 17. 58 c P-13.2 PLANNING AND DEVELOPMENT, 2007 Conflict of interest 101 No member of a district planning commission or a district planning authority may hear or vote on any decision that relates to a matter with respect to which the member has a conflict of interest or financial interest as described in subsection 2(2). 2007, c P‑13.2, s 101; 2012, c 28, s 18; 2018, c 27, s 19. District plan 102(1) Subject to subsection (2), a district planning commission or district planning authority shall prepare a district plan for the area included in the planning district in consultation with a professional community planner. (2) A district planning commission or district planning authority shall submit a district plan prepared pursuant to subsection (1) to the affiliated municipalities for adoption. (3) The affiliated municipalities shall adopt a district plan for the planning district in accordance with this Act and, for that purpose, sections 35 to 38 apply, with any necessary modification. (4) If the affiliated municipalities agree and if they are preparing a new district plan or amending an existing district plan for the planning district, the affiliated municipalities may pass an interim development control bylaw in accordance with sections 80 to 87, and those sections apply, with any necessary modification, for the purposes of this subsection. (5) A district planning commission or district planning authority shall consult with the affiliated municipalities during the preparation of the district plan. (6) If a council of an affiliated municipality fails to adopt the district plan submitted in accordance with subsection (2) and: (a) if a dispute resolution mechanism is provided for in the agreement in accordance with subclause 97(2)(a)(v), the matter must be determined through the dispute resolution mechanism; or (b) if no dispute resolution mechanism is provided for in the agreement, the council that fails to adopt the district plan may request that the minister permit it to terminate its affiliation with the planning district in accordance with section 106. (7) If a request pursuant to clause (6)(b) is approved by the minister and the district plan adopted by the remaining councils is approved by the minister, the district plan applies to the remaining councils in the planning district. (8) The affiliated municipalities may amend the district plan for the planning district in accordance with this Act and, for that purpose, sections 35 to 38 apply, with any necessary modification. 59 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (9) If a council of an affiliated municipality fails to adopt an amendment to a district plan made in accordance with subsection (8) and: (a) if a dispute resolution mechanism is provided for in the agreement in accordance with subclause 97(2)(a)(v): (i) the matter must be determined through the dispute resolution mechanism; and (ii) the district plan, as may be amended in accordance with the dispute resolution mechanism, applies to the planning district; or (b) if no dispute resolution mechanism is provided for in the agreement in accordance with subclause 97(2)(a)(v) and the minister approves the bylaw of any one of the other municipalities adopting the amendment, the district plan, as amended, applies to the planning district. (10) A district plan must contain statements of policy with respect to matters the affiliated municipalities consider: (a) to be of intermunicipal or regional significance in the planning district; (b) to be necessary to co‑ordinate community and land use planning and services within the planning district; and (c) to be necessary to ensure that the district plan is consistent with any provincial land use policy or statement of provincial interest. (11) In addition to the plan contents required by subsection (10), a district plan may contain statements of policy with respect to: (a) any matter mentioned in section 32; (b) sector‑specific planning; (c) district public works; (d) district service delivery; (e) district public facilities, including the development and maintenance of educational, cultural, recreational and health care facilities; (f) district economic development; (g) the co‑ordination of approaches for stewardship of environmentally sensitive lands; (h) matters dealing with significant transportation and municipal infrastructure within the district; (i) district settlement patterns; and (j) any other matter considered by the district planning commission or district planning authority to be of regional or interjurisdictional significance, or necessary to co‑ordinate community and land use planning and services between municipalities and with an Indian band. (12) An affiliated municipality may also have an official community plan. 60 c P-13.2 PLANNING AND DEVELOPMENT, 2007 (13) If an affiliated municipality has an official community plan, the official community plan must be consistent with the district plan. (14) If all the statements of policy mentioned in subsection 32(2) are addressed in a district plan and the municipality does not have an official community plan, the district plan is deemed to be an affiliated municipality’s official community plan for the purposes of this Act. (15) If all the statements of policy mentioned in subsection 32(2) are not addressed in a district plan, an affiliated municipality shall also have an official community plan and that official community plan must be consistent with the district plan. (16) If a proposed amendment to a district plan affects only land within one affiliated municipality and if provided for in the agreement in accordance with subclause 97(2)(a)(v), the affiliated municipality in which the affected lands are located may: (a) request the district planning commission or district planning authority to prepare the proposed amendment and make a recommendation respecting the proposed amendment; and (b) on receipt of the amendment and recommendation mentioned in clause (a), adopt the proposed amendment by bylaw. (17) If an affiliated municipality adopts a proposed amendment by bylaw pursuant to subsection (16), the affiliated municipality shall submit to the minister: (a) a certified copy of the bylaw adopting the amendment; and (b) a certified copy of the recommendation mentioned in clause (16)(a). (18) The minister may deal with the bylaw adopting the amendment pursuant to subsection (16) and recommendation in the manner authorized by section 39. (19) If the minister approves the bylaw adopting the amendment pursuant to subsection (16): (a) the affiliated municipality shall forward a certified copy of the bylaw to the district planning commission or district planning authority within 15 days after the date the affiliated municipality received the minister’s approval; and (b) the bylaw that amends the district plan is effective on the date of the minister’s approval. 2012, c 28, s 19; 2018, c 27, s 20. Zoning bylaw 103(1) Every municipality included in whole or in part in a planning district shall, in conjunction with the adoption of the district plan, pass or amend, in accordance with this Act, a zoning bylaw that is consistent with the plan for the portion of the municipality included within the district. 61 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (2) Notwithstanding any other provision of this Act, every municipality included in whole or in part in a planning district shall, before passing a zoning bylaw or an amendment to a zoning bylaw for that portion of the municipality included within the district, submit the zoning bylaw or amendment to the district planning commission for its review and recommendation. (3) The municipality mentioned in subsection (1) may pass an interim development control bylaw pursuant to sections 80 to 87. (4) A district planning commission may: (a) assist the council of any municipality that is located in whole or in part in the planning district in the preparation of a zoning bylaw or any other bylaw authorized by this Act; (b) review: (i) any proposed zoning bylaw or amendment to a zoning bylaw submitted to it pursuant to subsection (2); or (ii) any existing zoning bylaw or bylaw passed pursuant to this Act; and (c) after a review pursuant to clause (b), submit to the council suitable amendments to the bylaw with a recommendation that they be passed. 2007, c P‑13.2, s 103; 2012, c 28, s 20; 2018, c 27, s 21. Other duties of commission 104 A district planning commission may: (a) hold public meetings and publish information for the purpose of obtaining the participation and co‑operation of the residents of the planning district and any adjacent area in determining the solution to problems or matters affecting the development of any part of the planning district; (b) suggest to any council ways and means of financing works to be carried out by public authorities over a specified period; (c) investigate and study proposed subdivisions or developments within and adjacent to the planning district and submit to the appropriate council reports and recommendations in that respect; (d) identify the social and economic implications of the commission’s recommendations; and (e) prepare and submit to the affiliated municipalities an operating budget for the next fiscal year. 2007, c P‑13.2, s 104. 62 c P-13.2 PLANNING AND DEVELOPMENT, 2007 Addition to planning district 105(1) If a district planning commission applies to the minister requesting that all or part of any municipality be added to a planning district, the minister may, after consulting with that municipality, amend the order establishing the planning district in any manner that the minister considers advisable for the purpose of accommodating the request. (2) If a municipality is added to a planning district pursuant to subsection (1): (a) the district planning commission shall review and prepare any amendment to a district plan for the planning district that may be necessary to accommodate the addition; (b) subject to subsection (3), the added municipality shall take the necessary steps to adopt the district plan for that portion of the municipality contained within the planning district; and (c) the remaining municipalities may adopt the amendment in accordance with section 102. (3) A municipality that adopts the district plan shall do so in accordance with the public participation requirements of Part X, and that Part applies, with any necessary modification, for the purposes of this subsection. 2007, c P‑13.2, s 105; 2012, c 28, s 21. Termination of affiliation of municipality 106(1) If an affiliated municipality applies to the minister requesting that its affiliation with a planning district be terminated, the minister: (a) may: (i) amend the order establishing the planning district in any manner that the minister considers advisable for the purpose of accommodating the request; or (ii) refer the request of the affiliated municipality to the Saskatchewan Municipal Board for resolution pursuant to section 106.1; and (b) if the order establishing the planning district is amended to terminate the affiliation of the municipality, shall distribute the assets and liabilities of the planning district between the municipality making the application and the remaining municipalities in accordance with: (i) the terms for the distribution of assets and liabilities that are specified in the agreement pursuant to paragraph 97(2)(a)(vi)(C); or (ii) if terms are not specified in the agreement, the terms that the minister determines and considers advisable. (2) If the Saskatchewan Municipal Board pursuant to section 106.1 issues a decision respecting a request referred to it pursuant to subclause (1)(a)(ii), the minister shall issue a further order respecting the order establishing the planning district in accordance with the decision of the Saskatchewan Municipal Board. 2012, c 28, s 22. 63 PLANNING AND DEVELOPMENT, 2007 c P-13.2 District dispute resolution 106.1(1) This section applies to a matter referred to the Saskatchewan Municipal Board pursuant to section 106 or 107. (2) If a matter mentioned in subsection (1) is referred to the Saskatchewan Municipal Board, the Saskatchewan Municipal Board may direct the parties to follow any dispute resolution methods that the Saskatchewan Municipal Board considers appropriate. (3) The Saskatchewan Municipal Board shall hold a hearing and make a decision to settle the matter referred to it pursuant to subsection (1) if dispute resolution methods directed by the Saskatchewan Municipal Board have failed to resolve the matter. (4) A decision of the Saskatchewan Municipal Board to settle a matter referred to it pursuant to subsection (1) is binding and shall be implemented in the manner set out in subsection 106(2) or 107(2). 2012, c 28, s 22. Dissolution of planning district 107(1) The minister: (a) if requested by a district planning commission or district planning authority to issue an order dissolving the planning district, may: (i) issue the order; or (ii) refer the request to the Saskatchewan Municipal Board for resolution pursuant to section 106.1; and (b) shall issue an order dissolving the planning district if, as a result of a request granted pursuant to clause (a), only one municipality remains with the planning district. (2) If the Saskatchewan Municipal Board pursuant to section 106.1 issues a decision respecting a request referred to it pursuant to subclause (1)(a)(ii), the minister shall issue a further order respecting the planning district in accordance with the decision of the Saskatchewan Municipal Board. (3) If a district plan has not been adopted by the affiliated municipalities as required by subsection 102(3), the minister may: (a) issue an order dissolving the planning district; or (b) exercise any of the powers of the affiliated municipalities in accordance with subsection 30(2), and that subsection applies, with any necessary modification, for the purposes of this section. (4) If the minister issues an order dissolving a planning district, the minister shall distribute the assets and liabilities of the planning district in accordance with the terms for the distribution of assets and liabilities that are specified in the agreement pursuant to paragraph 97(2)(a)(vi)(C), or, if not specified in that agreement, as determined and considered advisable by the minister. 2007, c P‑13.2, s 107; 2012, c 28, s 23. 64 c P-13.2 PLANNING AND DEVELOPMENT, 2007 District planning authorities 108(1) Subject to section 97, with any necessary modification, and on the request of the councils of two or more municipalities, the minister may, by order, establish a district planning authority as a body corporate to head the district. (2) Subject to subsection (3), a district planning authority mentioned in subsection (1) consists of any number of persons that the minister may order, and the minister shall direct the number of members to be appointed: (a) by the council of each municipality that is included in whole or in part within the planning district, from among its members; (b) by the minister; and (c) jointly by the municipalities described in clause (a). (3) The persons appointed pursuant to clause (2)(a) must constitute at least 50% of the membership of the district planning authority. (4) In making an order pursuant to subsection (1), the minister may: (a) subject to clause (2)(a), provide for any of the matters set out in subclauses 97(2)(a)(iii) and (iv); and (b) provide for any other matter that the minister considers necessary with respect to the planning district and its authority. (5) Subject to subsection (6), if a district planning authority applies to the minister requesting that all or part of any municipality be added to the planning district, the minister may amend the minister’s order establishing the planning district in any manner that the minister considers advisable for the purpose of addressing the request. (6) Before amending the minister’s order establishing a planning district pursuant to subsection (5), the minister shall consult with: (a) the district planning authority of the planning district; (b) the municipality to be added to the planning district; and (c) each municipality that is included in whole or in part within the planning district. (7) If the minister amends an order establishing a planning district pursuant to subsection (5), any official community plan and any zoning bylaw of the municipality that is being added to the planning district are continued to the extent that they are not inconsistent with the district plan. (8) On the application of a municipality described in subsection (1) to withdraw from a planning district described in subsection (1), the minister shall consider the application and, for that purpose, section 106 applies, with any necessary modification, for the purposes of this subsection. (9) If the minister grants an application pursuant to subsection (8), the minister shall distribute the assets and liabilities of the planning district between the departing municipality and the remaining municipalities in accordance with the terms for the distribution of assets and liabilities that are specified in the agreement pursuant to paragraph 97(2)(a)(vi)(C), or, if not specified in that agreement, as determined and considered advisable by the minister. 65 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (10) If the minister grants the application of a municipality to withdraw from a planning district pursuant to subsection (8), the following remain in force with respect to that portion of the municipality that was in the planning district immediately before the granting of the application and may be amended or repealed by the council in accordance with this Act: (a) the district plan of the planning district as it applies to the municipality; (b) any zoning bylaw passed by the district planning authority in conjunction with the district plan. (11) On the application of a district planning authority for dissolution of a planning district described in subsection (1), the minister, after consulting with the municipalities in the planning district, shall consider the application and, for that purpose, section 107 applies, with any necessary modification, for the purposes of this subsection. (12) If the minister grants the application of a municipality described in subsection (1) and the territory of only one municipality is left within the planning district, the minister shall issue an order dissolving the district. (13) Notwithstanding anything in this section, the minister may, if the minister considers it advisable, by order, dissolve any planning district described in subsection (1). (14) If the minister issues an order dissolving a planning district, the minister shall distribute the assets and liabilities of the planning district in accordance with the terms for the distribution of assets and liabilities that are specified in the agreement pursuant to paragraph 97(2)(a)(vi)(C), or, if not specified in that agreement, as determined and considered advisable by the minister.

(15) If the minister issues an order pursuant to this section dissolving a planning district, the district plan of the planning district as it applies to each municipality that was included in the planning district and any zoning bylaw passed by the district planning authority in conjunction with the district plan: (a) remain in force with respect to that portion of each municipality that was in the planning district immediately before the date of the order; and (b) may be amended or repealed by the council in accordance with this Act. 2007, c P‑13.2, s 108; 2012, c 28, s 24; 2018, c 27, s 22. Power of district planning authorities 109(1) A district planning authority described in section 108 may do any of the following: (a) exercise any of the powers vested in a council by this Act with respect to the preparation, adoption, administration and enforcement of official community plans, district plans, regional plans and zoning bylaws for the area contained in the planning district; 66 c P-13.2 PLANNING AND DEVELOPMENT, 2007 (b) exercise any of the powers mentioned in clauses 100(a) to (e) and 104(a) to (e), with any necessary modification; (c) employ or engage the services of any person that it considers necessary and fix their remuneration; (d) make any arrangements that it considers advisable to obtain suitable accommodation for its purposes; (e) enter into an agreement with one or more district planning authorities described in section 108 for the creation of a board, which is to be a body corporate, the sole function of which is to make arrangements to carry out the powers described in clauses (c) and (d) on behalf of the parties to the agreement that the parties may agree to; (f) by bylaw, provide municipal services either to the affiliated municipalities or directly to persons within the planning district, and, by agreement, outside the boundaries of the planning district to another municipality, organization, Provincial Health Authority, government or Indian band, according to the terms and conditions set by the district planning authority; (g) expend funds, charge fees for its services and, by bylaw, set terms and conditions respecting any charges, fees, discounts or penalties associated with providing a municipal service; (h) enter into development levy and servicing agreements pursuant to Part VIII of this Act; (i) do all other things that it considers necessary, incidental or conducive to exercising its powers or fulfilling its functions or providing the municipal services it is authorized to provide. (2) The powers outlined in subsection (1) of any district planning authority may be exercised: (a) only subject to the terms of the minister’s order establishing the planning district; (b) only subject to the agreement of the affiliated members of the planning district; and (c) notwithstanding clause 127(b) of The Municipalities Act or clause 101(1)( b) of The Cities Act, as the case may be. (3) Notwithstanding subsection (1), no district planning authority may exercise the powers of a council mentioned in sections 41 to 43. (4) If a district planning authority described in section 108 has been delegated any authority pursuant to subsection (1) for matters with respect to which appeals may be made, it shall establish a District Development Appeals Board pursuant to Part XI for the purpose of hearing any appeal of decisions made by the district planning authority. (5) No district planning authority described in section 108 has the power to enter into agreements described in section 235 with the exception of those agreements authorized pursuant to clause (1)(h) or unless otherwise authorized by the terms of the minister’s order. 2018, c 27, s 23. 67 PLANNING AND DEVELOPMENT, 2007 c P-13.2 DIVISION 3 Planning Areas in the Northern Saskatchewan Administration District Northern planning area 110(1) If the minister considers it to be appropriate or at the request of a northern municipality and if section 114 has been complied with, the minister may, by order: (a) establish and designate as a planning area all or any part of the Northern Saskatchewan Administration District; (b) appoint a development officer for the planning area; and (c) amend, revoke or replace any order described in this section. (2) The minister shall publish an order made pursuant to subsection (1) in the Gazette and that order comes into effect on the day that it is published in the Gazette. (3) An order made pursuant to clause (1)(a) shall: (a) state the purposes and objectives to be achieved by the establishment of the planning area; and (b) describe the area to be included in the planning area. 2007, c P‑13.2, s 110. Northern planning commission 111(1) If the minister establishes and designates a planning area pursuant to section 110, the minister may, by the order made pursuant to section 110 or by separate order, appoint a northern planning commission for the planning area. (2) If the minister appoints a northern planning commission by separate order pursuant to subsection (1), the minister shall publish that order in the Gazette, and that order comes into effect on the day that it is published in the Gazette. (3) The following persons are eligible to be appointed as members of a northern planning commission: (a) residents of any northern municipality; (b) residents of any northern settlement; (c) residents of any resort subdivision in the Northern Saskatchewan Administration District; (d) members of any Indian band in the Northern Saskatchewan Administration District; or (e) any other persons or a representative from a government agency that the minister may appoint who may have an interest pertaining to community planning in the planning area on matters such as environmental, economic, social and cultural sustainability. (4) Subject to the terms of the order establishing a planning area, a northern planning commission is responsible for advising and assisting the minister with respect to community planning matters in the planning area and any other matters involving the development of the planning area. 68 c P-13.2 PLANNING AND DEVELOPMENT, 2007 (5) Clauses 95(2)(a) and (b) apply, with any necessary modification, to a northern planning commission appointed pursuant to this section. (6) The minister may impose or confer any additional terms of appointment and any additional powers and responsibilities that the minister considers appropriate on a northern planning commission appointed pursuant to this section. 2007, c P‑13.2, s 111; 2010, c N‑5.2, s 460. Conflict of interest 112 No member of a northern planning commission may hear or vote on any decision that relates to a matter with respect to which the member has a conflict of interest or financial interest as described in subsection 2(2). 2007, c P‑13.2, s 112; 2018, c 27, s 24. Official community plan, development control 113(1) If the minister considers it to be appropriate, the minister may: (a) by order, prescribe with respect to a planning area: (i) development controls; or (ii) an official community plan and development controls; and (b) amend, revoke or replace an order made pursuant to clause (a). (2) The minister shall publish an order made pursuant to subsection (1) in the Gazette and the order comes into effect on the day that it is published in the Gazette. (3) The order prescribing an official community plan or development controls for a planning area may be contained in the order establishing the planning area or may be made by way of a separate order. (4) An official community plan may: (a) contain any of the provisions prescribed in section 32 respecting the content of an official community plan; (b) co‑ordinate land use planning policies with all or any of the following: (i) any other plan developed by a government agency, including an integrated forest land use plan or a source water protection plan; (ii) any provincial strategy, including economic development or environmental management; (iii) a land use plan prepared by an Indian band for reserve land; and (c) any matters in addition to those described in clauses (a) and (b) that the minister considers appropriate. (5) In prescribing a plan pursuant to subsection (1), the minister is not required to comply with the provisions prescribed by this Act that a council shall comply with in adopting an official community plan. 69 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (6) Development controls may contain: (a) the provisions prescribed by this Act that may be contained in a zoning bylaw; and (b) any matters in addition to those described in clause (a) that the minister considers appropriate. (7) In prescribing development controls pursuant to subsection (6), the minister is not required to comply with the provisions prescribed by this Act that a council shall comply with in passing zoning bylaws. 2007, c P‑13.2, s 113. Public participation 114(1) The minister shall provide notice of the minister’s intention to make an order pursuant to section 110 or 113 by: (a) an advertisement inserted in a newspaper published or circulated in an area affected by the proposed order; or (b) any other method that the minister considers appropriate to bring notice of the proposed order to persons who will be affected by the proposed order. (2) The notice mentioned in subsection (1) is to: (a) be given at least four weeks before the date fixed by the minister for making the order; (b) be in any form that the minister considers appropriate; and (c) state: (i) the purpose of the order; (ii) the places where and hours during which the order may be inspected by any person; (iii) the dates by which a written submission is to be received by the minister respecting the order and the places where written submissions may be sent; (iv) the area to be affected by the order; and (v) any other matters that the minister considers necessary. (3) The minister shall make copies of the proposed order: (a) available for public inspection at the places and during the hours stated in the notice mentioned in subsection (2); and (b) available, at cost, to any interested person together with a copy of the notice mentioned in subsection (2). (4) Any person who is interested in the proposed order: (a) may make a written submission to the minister; and (b) if the person makes a written submission pursuant to clause (a), shall deliver the written submission within the time and at a place stated in the notice mentioned in subsection (2). 2007, c P‑13.2, s 114. 70 c P-13.2 PLANNING AND DEVELOPMENT, 2007 Appeals 115(1) This section applies if a development officer, a development officer designated on behalf of a northern planning commission, or any other person designated by the minister for the purpose: (a) is alleged to have misapplied a development control in issuing a development permit; or (b) refuses to issue a development permit because it would contravene a development control. (2) In the circumstances mentioned in subsection (1): (a) a person affected by the alleged misapplication or refusal may appeal to the Saskatchewan Municipal Board; and (b) the provisions of sections 219 and 221 governing an appeal to a Development Appeals Board with respect to a zoning bylaw apply, with any necessary modification, to the appeal pursuant to this section. 2007, c P‑13.2, s 115. Terms and conditions 116(1) A development officer, a development officer designated on behalf of a northern planning commission, or any other person designated by the minister for the purpose, may impose any terms and conditions that the officer or designated person considers appropriate on a development permit issued in accordance with development controls. (2) No person to whom a development permit described in subsection (1) is issued shall fail to comply with the terms and conditions imposed on that person’s development permit. 2007, c P‑13.2, s 116. Additional powers 117 Before issuing any development permit, the development officer, the development officer designated on behalf of the northern planning commission, or any other person designated by the minister to issue development permits may, with respect to a planning area established pursuant to section 110, undertake or require a person applying for a development permit to undertake any studies, inquiries or investigations that the minister considers necessary to assess the impact of existing or potential developments in a planning area. 2007, c P‑13.2, s 117. Northern planning authority 118(1) The minister may, by order, establish a northern planning authority as a body corporate. (2) Section 108 applies, with any necessary modification, to the establishment of a northern planning authority. 2007, c P‑13.2, s 118. 71 PLANNING AND DEVELOPMENT, 2007 c P-13.2 Powers of northern planning authorities 119 Section 109 applies, with any necessary modification, to the powers of a northern planning authority. 2007, c P‑13.2, s 119. DIVISION 4 Regional Planning Authorities Power to establish a regional planning authority 119.1(1) If the minister considers it to be appropriate to do so, or at the request of a municipality or municipalities to be included in a proposed regional planning area, the minister may, by order, establish a regional planning authority as a body corporate for a regional planning area that is specified in the order. (2) If the minister establishes a regional planning authority pursuant to subsection (1) and if an included municipality has an official community plan or a zoning bylaw on the date the regional planning authority is established, the official community plan or zoning bylaw is continued subject to the other provisions of this Part. (3) A regional planning area may consist of all or any portion of any municipality that the minister considers appropriate. (4) An order mentioned in subsection (1) must contain the following: (a) a list of the included municipalities; (b) a description of the area to be included in the regional planning area and the name of the regional planning area. (5) An order mentioned in subsection (1) may contain the following: (a) the number of members on the regional planning authority; (b) the funding arrangements that have been made with respect to the matters mentioned in section 119.2; (c) any terms and conditions that the minister considers appropriate in establishing a regional planning authority; (d) any other matters that the minister considers necessary with respect to the regional planning area and the regional planning authority. (6) If the minister establishes a regional planning authority for all or part of an area that is designated as part of a planning district within the meaning of section 97, the minister may, by order, do all or any of the following: (a) terminate the inclusion of that area in the planning district; (b) terminate the planning district; 72 c P-13.2 PLANNING AND DEVELOPMENT, 2007 (c) make any other modification to the planning district and the planning district agreement that the minister considers necessary; (d) distribute the assets and liabilities of a terminated area of the planning district, or the terminated planning district in any manner determined by the minister. (7) After undertaking any consultations with the regional planning authority and included municipalities that the minister considers appropriate, the minister may, by order, do all or any of the following: (a) amend, revoke or replace any order establishing a regional planning authority; (b) add all or part of any municipality to a regional planning area; (c) terminate the representation of an included municipality on a regional planning authority and distribute the assets and liabilities of the regional planning authority between the departing municipality and remaining municipalities in any manner determined by the minister; (d) dissolve a regional planning authority and distribute any assets or liabilities of the authority in any manner determined by the minister. (8) Subject to subsection (9), if a regional planning authority applies to the minister requesting that all or part of any municipality be added to the regional planning authority, the minister may amend the minister’s order establishing the regional planning authority in any manner that the minister considers advisable. (9) Before amending the minister’s order establishing a regional planning authority pursuant to subsection (8), the minister shall consult with: (a) the affected regional planning authority; (b) the municipality, all or a part of which is proposed to be added to the regional planning area; and (c) each included municipality. (10) If the minister amends an order establishing a regional planning authority pursuant to subsection (8), any official community plan and any zoning bylaw of the included municipality or part of the municipality that is being added to the regional planning authority are continued to the extent that they are not inconsistent with the regional plan. (11) If the minister amends an order establishing a regional planning authority pursuant to subsection (8), section 119.91 applies, with any necessary modification, to the municipality or part of the municipality that is being added to the regional planning authority. 2013, c 23, s 10; 2014, c 19, s 47; 2018, c 27, s 25. 73 PLANNING AND DEVELOPMENT, 2007 c P-13.2 Power to direct funding 119.2(1) Subject to any order or directives of Treasury Board, the minister may: (a) determine the amount of funding for the regional planning authority to be provided by the Government of Saskatchewan in any fiscal year of the Government of Saskatchewan; and (b) provide the funding mentioned in clause (a) to the regional planning authority in the manner and at the times determined by the minister. (2) The included municipalities in a regional planning area shall provide any funding required by the regional planning authority in addition to the funding mentioned in clause (1)(a) in the proportion determined by the minister. 2013, c 23, s 10. Power to direct a regional planning authority 119.3(1) The minister may, by order, direct the regional planning authority to do all or any of the things mentioned in section 119.5. (2) After undertaking any consultations with the regional planning authority that the minister considers appropriate, the minister may direct the regional planning authority to undertake or address a matter on any terms and conditions that the minister considers appropriate. (3) If the regional planning authority fails to comply with a direction of the minister pursuant to subsection (1) or (2) within the period specified in the minister’s order, the minister may exercise all of the powers of the regional planning authority in completing the direction. 2013, c 23, s 10. Composition of a regional planning authority 119.4(1) After undertaking any consultations with the regional planning authority and included municipalities that the minister considers appropriate, the minister may, by order, with respect to the regional planning authority: (a) appoint or reappoint members to the authority; (b) determine tenure of office of members of the authority; (c) determine the remuneration and expenses, if any, payable to members of the authority; or (d) determine the manner in which a chairperson and any acting chairperson are to be designated from among the members of the authority. (2) Pursuant to subsection (1), the minister may, by order, appoint the following persons as members of a regional planning authority: (a) one council member from each included municipality; (b) one or more representatives of the Government of Saskatchewan; and (c) any other persons that the minister is satisfied have an interest or expertise pertaining to community planning. 2013, c 23, s 10. 74 c P-13.2 PLANNING AND DEVELOPMENT, 2007 Duties of a regional planning authority 119.5(1) Subject to the terms of the order establishing the regional planning authority, a regional planning authority shall: (a) prepare a regional plan to address any matter outlined in the order; and (b) determine the proportion of any funds that each included municipality is required to contribute to meet the expenses of the regional planning authority and, without restricting the generality of the foregoing, provide for the manner in which office space and facilities are to be provided to the authority by any included municipalities. (2) The minister may, by order, direct a regional planning authority to do any or all of the following: (a) undertake any study and analysis; (b) prepare any land use, development, infrastructure and other plan; (c) draft any zoning bylaw amendment pursuant to section 47; (d) draft any development levy bylaw amendment pursuant to section 169; (e) draft any servicing agreement pursuant to section 172; (f) prepare and provide reports to the minister and municipal councils within a specified period. (3) The regional planning authority is responsible for implementing the approved regional plan pursuant to section 119.91. 2013, c 23, s 10. Other duties of a regional planning authority 119.6(1) A regional planning authority may: (a) exercise any of the powers vested in a council by this Act with respect to the preparation, adoption, administration and enforcement of official community plans, district plans, regional plans and zoning bylaws for the regional planning area; (b) exercise any of the powers mentioned in clauses 100(a) to (e), with any necessary modification; (c) employ or engage the services of any person that it considers necessary and fix that person’s remuneration; (d) make any arrangements that it considers advisable to obtain suitable accommodation for its purposes; (e) by bylaw, provide municipal services either to the included municipalities or directly to persons within the regional planning area, and, by agreement, outside the boundaries of the regional planning area to another municipality, organization, Provincial Health Authority, government or Indian band, according to the terms and conditions set by the regional planning authority; 75 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (f) expend funds, charge fees for its services, and, by bylaw, set terms and conditions respecting any charges, fees, discounts or penalties associated with providing a municipal service; (g) hold public meetings and publish information for the purposes of obtaining the participation and cooperation of the residents within the regional planning area in determining the solutions to problems or matters affecting the development of any part of the regional planning area; (h) enter into development levy and servicing agreements pursuant to Part VIII of this Act; (i) suggest to the council of any included municipality ways and means of financing works to be carried out by public authorities over a specified period; (j) investigate and study proposed subdivisions or developments within and adjacent to the regional planning area and submit to the council of any included municipality reports and recommendations in that respect; (k) identify the social and economic implications of the regional planning authority’s recommendations made pursuant to clause (j); (l) prepare and submit to the included municipalities an operating budget for the next fiscal year; (m) do all other things that it considers necessary, incidental or conducive to exercising its powers or fulfilling its functions or providing the municipal services it is authorized to provide; and (n) perform any other duties that the minister may require. (2) The powers outlined in subsection (1) of any regional planning authority may be exercised: (a) only subject to any terms of the minister’s order establishing the regional planning authority; and (b) notwithstanding clause 127(b) of The Municipalities Act or clause 101(1)( b) of The Cities Act, as the case may be. (3) Notwithstanding subsection (1), no regional planning authority may exercise the powers of a council mentioned in sections 41 to 43. (4) The minister may direct the establishment of a District Development Appeals Board pursuant to Part XI for the purpose of hearing any appeal of decisions made by a regional planning authority. (5) If the minister does not direct the establishment of a District Development Appeals Board pursuant to subsection (4), all appeals of decisions made by the regional planning authority must be made to the Saskatchewan Municipal Board. 76 c P-13.2 PLANNING AND DEVELOPMENT, 2007 (6) No regional planning authority described in this Part has the power to enter into agreements described in section 235 with the exception of those agreements authorized pursuant to clause (1)(h) or unless otherwise authorized by the terms of the minister’s order. 2018, c 27, s 26. Conflict of interest 119.7 No member of a regional planning authority may hear or vote on any decision that relates to a matter with respect to which the member has a conflict of interest or financial interest as described in subsection 2(2). 2013, c 23, s 10; 2018, c 27, s 27. Regional plan 119.8(1) Subject to subsection (2), a regional planning authority shall prepare a regional plan for the regional planning area in consultation with a professional community planner. (2) A regional planning authority shall submit a regional plan prepared pursuant to subsection (1) to the included municipalities for adoption. (3) The included municipalities shall adopt a regional plan for the regional planning area in accordance with this Act, and, for that purpose, sections 35 to 38 apply, with any necessary modification. (4) Pursuant to subsection 119.3(3), if the council of an included municipality fails to adopt a regional plan for the regional planning area submitted to it pursuant to subsection (2), the minister may adopt the regional plan on its behalf. (5) With consent of the minister, if the included municipalities agree and if the regional planning authority is preparing a new regional plan or amending an existing regional plan, the included municipalities may pass an interim development control bylaw in accordance with sections 80 to 87, and those sections apply, with any necessary modification, for the purposes of this subsection. (6) A regional planning authority shall consult with the included municipalities during the preparation of the regional plan. (7) A regional plan must contain statements of policy with respect to: (a) matters of intermunicipal and regional significance in the regional planning area; (b) matters that are necessary to coordinate community and land use planning and services within the regional planning area; and (c) matters that are necessary to ensure that the regional plan is consistent with any provincial land use policy or statement of provincial interest. (8) A regional plan may contain statements of policy with respect to: (a) any matter mentioned in section 32; (b) sector‑specific planning; (c) regional public works; (d) regional service delivery; 77 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (e) regional public facilities, including the development and maintenance of educational, cultural, recreational and health care facilities; (f) regional economic development; (g) the coordination of approaches for stewardship of environmentally sensitive lands; (h) matters dealing with significant transportation and municipal infrastructure within the regional planning area; (i) regional settlement patterns; (j) emergency management planning and mitigation; and (k) any other matter that the minister determines to be appropriate. (9) An included municipality may also have an official community plan. (10) If an included municipality has an official community plan, the official community plan must be consistent with the regional plan. (11) If all the statements of policy mentioned in subsection 32(2) are addressed in a regional plan and the municipality does not have an official community plan, the regional plan is deemed to be an included municipality’s official community plan for the purposes of this Act. (12) If all the statements of policy mentioned in subsection 32(2) are not addressed in a regional plan, an included municipality shall also have an official community plan and that official community plan must be consistent with the regional plan. 2013, c 23, s 10. Approval of a regional plan 119.9(1) The regional planning authority shall submit the regional plan to the minister for the minister’s approval, and the regional plan has no effect until it is so approved. (2) Sections 35 to 38 apply, with any necessary modification, to the approval of a regional plan. 2013, c 23, s 10. Official community plan and zoning bylaw to be consistent with a regional plan 119.91 Once the minister has approved the regional plan, each included municipality shall: (a) carry out its functions in accordance with the regional plan; (b) review its official community plan and zoning bylaw, and make amendments as necessary, to comply with the regional plan; and (c) submit to the minister, within six months after the minister approves the regional plan, a statutory declaration of the municipal administrator affirming that its official community plan and zoning bylaw comply with the regional plan. 2013, c 23, s 10. 78 c P-13.2 PLANNING AND DEVELOPMENT, 2007 Zoning bylaw 119.92(1) Every included municipality shall, in conjunction with the adoption of a regional plan, pass or amend, in accordance with this Act, a zoning bylaw to ensure that a zoning bylaw exists that is consistent with the plan for that portion of the municipality included within the regional planning area. (2) Notwithstanding any other provision of this Act, every included municipality shall, before passing a zoning bylaw or an amendment to a zoning bylaw for the portion of the municipality included within the regional planning area, submit the zoning bylaw or amendment to the regional planning authority for its review and recommendation. (3) The included municipality mentioned in subsection (1) may pass an interim development control bylaw pursuant to sections 80 to 87. (4) A regional planning authority may: (a) assist the council of any included municipality in the preparation of a zoning bylaw or any other bylaw authorized by this Act; (b) review: (i) any proposed zoning bylaw or amendment to a zoning bylaw submitted to it pursuant to subsection (2); or (ii) any existing zoning bylaw or bylaw passed pursuant to this Act; and (c) after a review pursuant to clause (b), submit to the council suitable amendments to the bylaw with a recommendation that they be passed. 2013, c 23, s 10. Dispute resolution 119.93(1) In the event of a dispute between any included municipalities, the minister may direct the parties to follow any dispute resolution methods that the minister considers appropriate. (2) If the matter mentioned in subsection (1) is not resolved after the dispute resolution methods mentioned in subsection (1) have been undertaken, the minister may make a decision that settles the matter. (3) The minister’s decision pursuant to subsection (2) is binding. (4) The minister’s decision pursuant to subsection (2) may be implemented by the minister issuing an order to the involved parties. 2013, c 23, s 10. 79 PLANNING AND DEVELOPMENT, 2007 c P-13.2 PART VII Subdivision of Land DIVISION 1 Control over Subdivisions Purpose and interpretation 120(1) In this Part and in Part IX: (a) “battery site” means a site for common storage facilities receiving production from a well or wells and includes equipment for separating the fluid into oil, gas and water and for measurement within the meaning of The Oil and Gas Conservation Act and the regulations made pursuant to that Act; (b) “collection line” means the right of way for any ditch or pipeline and support structures needed to collect sewage, surface water or other waste water from various sources in order to accumulate the flow at a pond, pumping station or similar utility installation and includes gathering systems needed for oil and gas wells; (c) “distribution line” means the right of way for any pipelines, wires or cables and support structures needed to connect end users to a pumping station, pressure regulator, electrical transformer, telecommunications or computer network facility, or similar utility installation, for the delivery of water, heat, gas, electrical, telecommunications, television or internet services; (d) “easement” means any right, interest, estate or agreement affecting part of a parcel to create a right of way through which the owner of a parcel allows another person to install or maintain: (i) a pipeline; (ii) a power, electrical, telecommunication, television, fibre‑optic cable or line; or (iii) a drainage ditch or irrigation canal; (d.1) “encroachment agreement” means an agreement between two parties for the act of encroaching whereby an overhang advances beyond the parcel boundaries but, for the purposes of this Act, does not include an agreement for the encroachment of any footprint of any building or structure beyond the parcel boundaries except for those buildings or structures encroaching into a road right of way; (e) “service connection” means a service connection as defined in The Municipalities Act; (f) “subdividing instrument” means an interest that is less than title based on an agreement for sale, easement, lease or mortgage, or any other document or group of documents that: (i) affects or encumbers only part of a parcel; (ii) creates or declares any right, interest or estate in only part of a parcel; or (iii) otherwise has the effect of subdividing land; 80 c P-13.2 PLANNING AND DEVELOPMENT, 2007 (g) “transmission line” means the right of way connecting pumping stations, pressure regulator stations, electrical transformers, communication facilities, reservoirs, ponds, utility installations, or natural drainage courses if the right of way is intended for: (i) a canal, ditch or pipeline and support structures for carrying water, sewage or waste water; or (ii) a pipeline, wire, or cable and support structures for carrying heat, oil, gas, petroleum products, chemicals, electricity, telecommunications, television or internet services; (h) “well site” means a site for any production facilities or installations, including flowlines, connecting pipelines, access roads and power lines or a site for other related equipment needed for producing oil, gas or product, or needed for the disposal of oil and gas waste within the meaning of The Oil and Gas Conservation Act and regulations made pursuant to that Act. (2) In this Part, subdivision includes the removal or elimination of a parcel tie that links two or more parcels together so as to prevent those parcels from being individually dealt with in the land registry if the situation involves: (a) a legal subdivision in a quarter section as legal subdivision is defined in section 131 of The Land Surveys Regulations; (b) a parcel linked to another parcel if the parcels: (i) were deemed to be one parcel of land pursuant to any former Act; (ii) are separated by an approved plan or a natural boundary; and (iii) were held under one certificate of title before the implementation of The Land Titles Act, 2000; (c) a parcel that was required to be consolidated with all or part of another parcel by a certificate of approval issued pursuant to any former Act; or (d) a parcel required to be linked by a parcel tie to another parcel as a condition of an approval to subdivide land issued pursuant to this Act. (3) Pursuant to this Act, for the purposes of the provision of dedicated lands and of determining fees, a “bare land unit” within the meaning of The Condominium Property Act, 1993 is considered a parcel. 2007, c P‑13.2, s 120; 2018, c 27, s 28. Subdivision approval required 121(1) Subject to section 122, every subdivision or subdividing instrument is to be: (a) made in accordance with this Act and any regulations or bylaws made pursuant to this Act; and (b) submitted for approval to the appropriate approving authority. 81 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (2) No person shall submit to the land registry any subdividing instrument or apply to the Registrar of Titles to register a transfer of title or to obtain title to a new parcel of land if registration of the application would subdivide or have the effect of subdividing land unless the appropriate approving authority has approved the subdivision or subdividing instrument. (3) No person shall apply to the Registrar of Titles to amend the registration of an interest based on a lease, mortgage or agreement for sale that has the effect of discharging the registration of the interest as to part only of the parcel of land for which the interest was registered unless an approval is obtained from an approving authority. (4) Any person who effects the transfer of title to land without obtaining an approval pursuant to this Part is deemed to have acquired the title by participating or colluding in fraud pursuant to clause 15(1)(a) of The Land Titles Act, 2000. (5) Subject to subsection (7), no person shall submit a plan for the approval of the Controller of Surveys, and the Controller of Surveys shall not approve a plan, unless the Controller of Surveys has: (a) an approval issued by an approving authority; (b) an affidavit mentioned in subsection 122(4); or (c) a letter issued by an approving authority stating that a plan or instrument is exempt from this Part if, in consultation with the Controller of Surveys or Registrar of Titles, the approving authority is of the opinion that a plan or instrument does not require approval pursuant to this Part. (6) The Controller of Surveys shall retain all approvals, affidavits or letters received pursuant to subsection (5) unless the document may be destroyed pursuant to any other Act. (7) A ministry, board, commission or other agency of the Government of Saskatchewan submitting a plan to the Controller of Surveys shall, if required pursuant to this Part: (a) obtain an approval from the appropriate approving authority; (b) advise the Controller of Surveys that it has done so when making the submission; and (c) retain the approval in its office unless the approval may be destroyed pursuant to any other Act. 2007, c P‑13.2, s 121; 2019, c 25, s 17. Exemptions from approval 122(1) Section 121 does not apply to: (a) an instrument that results in the creation of an interest in or the transfer or issuing of one or more titles to land that would consist of: (i) a whole parcel shown on a Township Subdivision plan or other plan on file in the Land Surveys Directory except for those plans filed for lease or easement purposes; or 82 c P-13.2 PLANNING AND DEVELOPMENT, 2007 (ii) the consolidation of two or more adjacent parcels if common parcel boundaries are being eliminated and the external perimeter boundaries of the consolidated parcels will not change unless the parcel was required to be consolidated with all or part of another parcel by an approval issued pursuant to any former Act, or linked by a parcel tie to another parcel by an approval issued pursuant to this Act; (b) an instrument that results in the creation of an interest in or the transfer or issuing of one or more titles to a whole condominium unit issued pursuant to The Condominium Property Act, 1993; (c) an instrument that will affect only part of a building or has the effect of granting the use of or right to only part of a building and does not affect any part of a parcel; (d) a lease or instrument based on a lease if: (i) the term of the lease together with any renewal terms does not exceed 10 years; (ii) the lease was entered into before the coming into force of The Planning and Development Act, 1983; (iii) the lease is: (A) a renewal or assignment of a lease mentioned in subclause (ii), whether or not the renewal or assignment was entered into before or after the coming into force of The Planning and Development Act, 1983; or (B) a sublease entered into, renewed or assigned under or pursuant to a lease mentioned in subclause (ii), whether or not the sublease is: (I) for the whole or any part of the lands originally demised by the lease; or (II) entered into before or after the coming into force of The Planning and Development Act, 1983; or (iv) subject to section 123, the lease is for the purposes of surface rights for a well site to be used exclusively in connection with the drilling for, or the producing, recovering or gathering of, petroleum, natural gas or related hydrocarbons, or for the disposal of oil and gas wastes; (e) subject to section 123, a plan or subdividing instrument for a collection line, distribution line, or service connection; (f) subject to section 123, a plan or subdividing instrument for a public highway or an easement for a transmission line if the right of way is located more than: (i) five kilometres from the limits of a city; or (ii) 2.5 kilometres from the limits of any town, village, organized hamlet or hamlet as any of those are defined in The Municipalities Act or any town, northern village, northern hamlet, northern settlement or resort subdivision as any of those are defined in The Northern Municipalities Act, 2010; 83 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (g) a plan or subdividing instrument that widens the right of way of an existing public highway where the widening is contiguous with the limits of the existing public highway, and any adjoining parcels from which the widening is taken are to be considered in conformance with the applicable site area or lot size requirements of any applicable statutory plan or zoning bylaw; (h) a plan or subdividing instrument for a joint use easement, access agreement, encroachment agreement or similar agreement if, in consultation with the Controller of Surveys or Registrar of Titles, the approving authority is of the opinion that a plan or subdividing instrument does not require approval pursuant to this Part and issues a letter to that effect; or (i) a plan or subdividing instrument that widens or extends the right of way of a railway if: (i) the railway has been declared by the Parliament of Canada to be for the general advantage of Canada or for the general advantage of two or more provinces of Canada; (ii) the widening or extension is contiguous with the limits of the railway; (iii) all remaining parcels created by the subdivision conform with any applicable site area or lot size requirements of any applicable statutory plan or zoning bylaw; and (iv) all remaining parcels created by the subdivision conform with the provision of legal and physical access as required by clause 128(1)(d). (2) A person making a submission to the land registry to register an interest related to clause (1)(c), (d), (e), (f) or (i) shall provide with the submission an affidavit or other declaration acceptable to the Registrar of Titles to confirm that the interest and any related documents are not a subdividing instrument requiring an approval pursuant to this Part unless the subdividing interest is based on a plan on record in the Land Surveys Directory. (3) The Registrar of Titles may register an interest or an amendment to an interest mentioned in subsection (1) without inquiring as to whether an approval was obtained from an approving authority. (4) A person making an application to the Controller of Surveys for approval of a plan respecting clause (1)(e), (f) or (i) shall provide with the application an affidavit or declaration acceptable to the Controller of Surveys confirming that the plan does not require an approval pursuant to this Part. (5) If a certificate of approval was not obtained from an approving authority as required pursuant to this Act, the registration of an interest or the registration of an amendment to an interest is invalid. 2007, c P‑13.2, s 122; 2010, c N‑5.2, s 460; 2012, c 28, s 26; 2018, c 27, s 29. 84 c P-13.2 PLANNING AND DEVELOPMENT, 2007 Notice to municipality required 123(1) No person shall apply to the Registrar of Titles to register an interest based on subclause 122(1)(d)(iv) unless the person has given the municipality in which the affected land is located prior written notice of the intention to register the interest. (2) Subject to subsection (4), no person shall submit an application to the Controller of Surveys pursuant to clause 122(1)(e) or (f) without an affidavit or other declaration acceptable to the Controller of Surveys confirming that the applicant has, in writing, notified the municipality in which the land is located of the intention to submit the application. (3) Subject to subsection (4), no person shall submit an application to the Controller of Surveys pursuant to subclause 122(1)(a)(ii) without a letter, bylaw or other documentation acceptable to the Controller of Surveys indicating that the municipality in which the affected land is located is aware that the application is being made. (4) Subsections (2) and (3) do not apply to a ministry, board, commission or other agency of the Government of Saskatchewan making a submission pursuant to subsection 121(7). (5) The registration of an interest pursuant to clause 122(1)(e) or (f) is invalid if notification was not given to the appropriate municipality in accordance with this section. 2007, c P‑13.2, s 123; 2012, c 28, s 27; 2019, c 25, s 17. Existing oil and gas facilities exempt 124(1) In this section, “petroleum, natural gas or related hydrocarbons” includes any other material or substance, whether liquid, solid or gaseous, and whether hydrocarbon or otherwise, that is: (a) produced in association with petroleum, natural gas or related hydrocarbons; or (b) found in water contained in any underground reservoir: (i) in which petroleum, natural gas or related hydrocarbons may be found; or (ii) that petroleum, natural gas or related hydrocarbons may have occupied. (2) Subject to subsection (3), every lease, easement and agreement for a right of way for the purposes of surface rights for a well site to be used exclusively in connection with the drilling for, or the producing, recovering or gathering of, petroleum, natural gas or related hydrocarbons that is in existence as at June 10, 2004 is deemed: (a) to have been approved by the appropriate approving authority; and (b) to have been made in compliance with the requirements respecting subdivisions pursuant to a former Act. 85 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (3) Subsection (2) does not apply if, as at June 10, 2004: (a) a court of competent jurisdiction had determined that the lease, easement or agreement for a right of way is void for non‑compliance with the requirements respecting subdivisions pursuant to a former Act; or (b) a party to the lease, easement or agreement for a right of way has commenced legal action on the basis that the lease, easement or agreement for a right of way does not comply with the requirements respecting subdivisions pursuant to a former Act. 2007, c P‑13.2, s 124. DIVISION 2 Subdivision Regulations Regulations controlling subdivisions 125(1) The minister may make regulations: (a) fixing a time within which the approving authority is required to render a formal decision on a proposed subdivision; (b) prescribing the time within which comments are required to be submitted by any council, planning district, government ministry or any other agency or person to whom the request for comments is made by the approving authority; (c) prescribing the content, quality, kind and number of plans together with the information to be shown on plans or other documents required in support of an application for subdivision; (d) prescribing conditions and standards respecting the manner of laying out streets, lanes, lands required to be dedicated, lots, blocks and other units of land;

(e) prescribing the widths and grades of streets and lanes whether by reference to minimum or maximum requirements or to any other standards that the minister may consider appropriate; (f) prescribing the conditions and standards applicable for the provision of access in connection with any proposed plan of subdivision; (g) prescribing the location, size and shape of lots and other areas of land to be created or proposed to be subdivided, in cases where those matters have not been dealt with by a zoning bylaw; (h) prescribing the location, size, or number of parcels for which connection to a specified type of approved water supply system is required as a condition of subdivision approval; (i) prescribing the type of information required to verify that a proposed subdivision is suitable for the development, using a specified type of approved water supply or sanitary sewage disposal system; 86 c P-13.2 PLANNING AND DEVELOPMENT, 2007 (j) prescribing that the approving authority may register an interest against title in the land registry based on the requirement to comply with the conditions mentioned in clause (h); (k) respecting any other matter or thing the minister considers necessary or advisable respecting the subdivision of land. (2) In making regulations respecting subdivision pursuant to subsection (1), the minister may: (a) prescribe the fees to be paid for the examination of the application for subdivision approval, for inspecting the land to be subdivided and respecting anything arising out of the administration of this Act and the regulations; (b) prescribe the types of development in which strips of land to act as buffers are required to be provided and in which locations in a subdivision the strips shall be provided; (c) prescribe standards and requirements for the achievement of energy efficiency within subdivisions, including orientation of lots, parcels and roads to attain maximum solar benefit; (d) prescribe standards for efficient transportation systems, including matters dealing with public transit; (e) prescribe criteria for the suitability of the land for the proposed subdivision; (f) provide direction for the provision of service streets in proposed subdivisions abutting on controlled access highways. 2007, c P‑13.2, s 125; 2019, c 25, s 17. Bylaws by council 126 Pursuant to section 16, a council that has been declared an approving authority pursuant to subsection 13(1) may make bylaws for controlling the subdivision of land. 2007, c P‑13.2, s 126. DIVISION 3 Requirements for Subdivision Approval Application for subdivision approval 127(1) Any person may apply to an approving authority for subdivision approval. (2) If a person applies pursuant to subsection (1), the person shall submit, with the application, those supporting documents required in accordance with the subdivision regulations. (3) On receipt of an application for subdivision approval, the approving authority shall send a copy of the application to municipalities and any persons that may be specified in the subdivision regulations. 2007, c P‑13.2, s 127. 87 PLANNING AND DEVELOPMENT, 2007 c P-13.2 Criteria for approval 128(1) No approving authority shall approve an application for subdivision approval unless: (a) the land that is proposed to be subdivided is, in the opinion of the approving authority, suitable for the purpose for which the subdivision is intended; (b) the proposed subdivision conforms to the provisions of any district plan, official community plan or zoning bylaw in effect at the time of the decision that affects the land proposed to be subdivided; (c) the approving authority is satisfied that a servicing agreement, if required by the municipality pursuant to section 172, has been executed; and (d) every lot or parcel of land has legal and physical primary access as required by the approving authority in accordance with the subdivision regulations made pursuant to section 125, but the requirement for primary access: (i) does not apply to land adjoining land to which access has been provided by a public highway if: (A) in the opinion of the approving authority, the land conveyed or to be conveyed and the adjoining land are to be used for a common purpose; (B) the titles to the lands mentioned in paragraph (A) either have the same registered owner or will have the same registered owner after the conveyance; and (C) the titles to the lands mentioned in paragraphs (A) and (B) may be linked by a parcel tie in the land registry prohibiting the lands from being dealt with separately; and (ii) does not apply if the approving authority waives the requirement for access for the reason that compliance is impractical or unnecessary and the application relates to all or any of the following: (A) an island; (B) power, telephone, water, natural gas, oil or sewer lines or a ditch or an irrigation canal; (C) a proposed subdivision or lease situated in a portion of Saskatchewan not covered by the quadrilateral system of township surveys or in the Northern Saskatchewan Administration District; (D) a proposed subdivision situated adjacent to a railway right of way, irrigation canal or drainage ditch that abuts primary access to the lot or parcel; (E) a proposed subdivision situated where a lane can provide physical and legal access to either dedicated lands or a public utility site; (F) a public utility or public works site, if an easement agreement to provide physical and legal access to the public utility or public works site that is acceptable to the approving authority may be registered as an interest against all affected titles in the land registry; (G) a leasehold site, if an alternative right of access can be established acceptable to the approving authority. 88 c P-13.2 PLANNING AND DEVELOPMENT, 2007 (2) The registered owner of a title mentioned in paragraph (1)(d)(i)(B) shall not deal with the owner’s title separately from other titles mentioned in that paragraph. (3) For the purposes of subclause (1)(d)(ii), the approving authority may impose any terms and conditions on a waiver of the requirement for access that it considers appropriate. (4) An approving authority may: (a) approve the application for subdivision approval; (b) approve the application for subdivision approval in part; (c) approve the application for subdivision approval subject to: (i) the conditions authorized by section 172; (ii) compliance with a directive issued pursuant to section 130; or (iii) parcels being linked by a parcel tie so that the parcels cannot be dealt with separately; or (d) refuse an application for subdivision approval. 2007, c P‑13.2, s 128; 2012, c 28, s 27; 2018, c 27, s 30. Certificate of approval 129(1) If an application for subdivision approval complies with the provisions of this Act and the regulations, the approving authority shall issue a certificate of approval. (2) An approving authority may stipulate in a certificate of approval that the certificate of approval is only valid for the type of instrument for which the application was submitted. (3) A certificate of approval is valid for 24 months from the day on which it is issued. (4) An approving authority may reissue a certificate of approval to extend its validity for additional periods of 24 months if the proposed subdivision or instrument specified in the certificate complies with this Act and the regulations at the time of reissue. (5) An approving authority may endorse an amendment of a certificate of approval to allow any deviation or alteration that may be required to permit the approval of a plan, accompanied by the certificate of approval, by the Controller of Surveys. 2007, c P‑13.2, s 129. Development standards on hazardous lands 130(1) If an application for subdivision approval is with respect to land that the approving authority considers to be potentially hazardous or unstable, the approving authority may do one or both of the following, in consultation with the minister responsible for the administration of The Environmental Management and Protection Act, 2010, the Water Security Agency, or any other agency the approving authority consults: (a) direct that any development on that land must comply with specific development standards formulated by the approving authority for that purpose; 89 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (b) notify landowners of the risks associated with the identified potentially hazardous land. (2) In order to ensure compliance with the standards or notification mentioned in subsection (1), the approving authority may register against title in the land registry an interest based on the requirement to comply with standards or notification mentioned in subsection (1). 2007, c P‑13.2, s 130; 2010, c E‑10.22, s 105; 2013, c 32, s 11; 2018, c 27, s 31. Decision of approving authority 131(1) Every decision of an approving authority shall: (a) be given in writing; and (b) if it approves in part or refuses an application for subdivision approval, specify the reasons for the decision. (2) The approving authority shall send copies of its decision to: (a) the applicant for subdivision approval; (b) the council of the municipality in which the land proposed to be subdivided is situated, except where the council is the approving authority; and (c) any ministry, agency or person who or that the approving authority considers to have a direct interest in the proposed subdivision. (3) The approving authority shall forward to the applicant a copy of any decision: (a) refusing an application for subdivision; (b) approving an application for subdivision in part; (c) approving an application for subdivision subject to development standards issued pursuant to section 130; or (d) revoking an approval of a proposed subdivision. (4) The copy of the decision mentioned in subsection (3) must be forwarded by registered mail or personal service. (5) At the same time as it forwards a copy of a decision pursuant to subsection (3), the approving authority shall advise the applicant of the applicant’s right to appeal pursuant to section 228. 2007, c P‑13.2, s 131; 2019, c 25, s 17. Revocation of approval 132(1) If an approving authority considers it advisable, the approving authority may revoke an approval of a proposed subdivision if: (a) the plan of subdivision has not been approved by the Controller of Surveys; or (b) title to the land has not issued. 90 c P-13.2 PLANNING AND DEVELOPMENT, 2007 (2) If an approving authority revokes an approval pursuant to subsection (1), the approving authority shall, by registered mail or personal service, promptly notify the applicant and the Controller of Surveys of the revocation. (3) On receipt of a revocation mentioned in subsection (1), the Controller of Surveys shall, if the plan has been approved but title to the parcels in the plan have not been issued, revoke the approval of the plan of subdivision. 2007, c P‑13.2, s 132. Relief from compliance 133 Subject to the other provisions of this Act, if an approving authority is of the opinion that compliance with a requirement of any applicable subdivision regulation made pursuant to clauses 125(1)(d) to (h) or subsection 125(2) or bylaw made pursuant to section 126 is impractical or undesirable because of circumstances peculiar to a proposed subdivision, the approving authority may: (a) relieve the applicant from compliance, in whole or in part, with the requirement; (b) issue a certificate of approval for the subdivision, endorsed to indicate that the approval is granted subject to the waiver of any provision of the subdivision regulations, including the reasons for the waiver; and (c) if considered necessary by the approving authority, register in the land registry an interest based on this section, indicating which regulations were waived and including the notice of decision. 2007, c P‑13.2, s 133. Deemed refusal of approving authority 134(1) If an approving authority fails or refuses to make a decision on an application for subdivision approval within the time prescribed by the subdivision regulations, the applicant may, within 30 days after the day that the prescribed period expires: (a) treat the application as refused and appeal in accordance with section 228; or (b) enter into an agreement with the approving authority to extend the time prescribed in the regulations. (2) Notwithstanding any other provision of this Act, if the applicant fails to take action pursuant to clause (1)(a) or (b), the applicant’s application is deemed to be validly before the approving authority as an initial application. (3) If an agreement to extend the time prescribed is entered into pursuant to clause (1)(b) and the approving authority fails or refuses to make a decision within the time prescribed in the agreement, the applicant may, within 30 days after the day that the prescribed period expires, treat the application as refused and appeal in accordance with section 228. 2007, c P‑13.2, s 134. 91 PLANNING AND DEVELOPMENT, 2007 c P-13.2 Reapplication of same proposal 135 If an application is approved with specific development standards pursuant to section 130, refused or revoked by an approving authority and the decision is not appealed, no subsequent application for a proposed subdivision of the same land, which in the opinion of the approving authority is substantially the same as the application already determined, shall be made within six months after the date of the decision, except with the permission of the minister. 2007, c P‑13.2, s 135. DIVISION 4 Required Subdivisions Power to require registration 136(1) If land, for which there is only one surface parcel as defined in The Land Titles Act, 2000, is occupied by two or more occupiers of separate premises on that land, the council may, by resolution, authorize the service of a notice, by personal service or registered mail, on the registered owner of the land requiring the registered owner to apply for approval of subdivision of the land to the relevant approving authority within the period specified in the resolution. (2) For the purposes of subsection (1), the period mentioned in that subsection must not be less than 90 days from the day that service of the notice is effected. (3) The council shall send a copy of a notice pursuant to subsection (1) to the relevant approving authority. 2007, c P‑13.2, s 136. Interpretation 137 In sections 138 to 143, “required subdivision bylaw” means a bylaw passed pursuant to section 138. 2007, c P‑13.2, s 137. Power to pass bylaw requiring subdivision 138 If, on the expiration of the period mentioned in the notice served pursuant to subsection 136(1), the registered owner has failed to make the requested application, the council may pass a bylaw: (a) directing the subdivision of the land in a suitable, equitable manner; (b) defining, by a proposed plan of subdivision or other written description of the subdivision, the general area to be subdivided; (c) authorizing the council to apply for approval of subdivision of the land to the relevant approving authority; and (d) empowering the council to: (i) have any necessary plan of subdivision of the land made; and (ii) submit the plan mentioned in subclause (i) to the Controller of Surveys for approval on behalf of the owner, with or without the owner’s consent. 2007, c P‑13.2, s 138. 92 c P-13.2 PLANNING AND DEVELOPMENT, 2007 Registration of prohibition based on required subdivision bylaw 139(1) On the passing of a required subdivision bylaw pursuant to section 138, the municipal administrator shall apply to the Registrar of Titles: (a) requesting the Registrar, in accordance with section 99 of The Land Titles Act, 2000, to prohibit the transfer of title or the registration of any interest against title based on the subdivision bylaw; and (b) attaching a certified copy of the subdivision bylaw. (2) A prohibition imposed by the Registrar of Titles pursuant to subsection (1) constitutes notice of the required subdivision bylaw: (a) to all persons having any right, title, estate or interest, whether or not it appears on the title, in or to the land affected by the subdivision bylaw; and (b) to all persons subsequently dealing with that land. (3) After the Registrar of Titles imposes a prohibition pursuant to subsection (1), no person shall apply to the Registrar of Titles for registration of a transfer of title or for registration of an interest unless: (a) the council provides authorization of the registration in the prescribed form; or (b) at the request of the council, the Registrar of Titles has withdrawn the prohibition. 2007, c P‑13.2, s 139. Approval of plan of subdivision 140(1) On completion of the plan of subdivision, the council shall apply to the relevant approving authority for subdivision approval of the land included pursuant to the required subdivision bylaw. (2) An application pursuant to subsection (1) must include: (a) a proposed plan of subdivision as described in clause 138(b) that must be approved by the mayor or reeve and the municipal administrator; and (b) a certified copy of the required subdivision bylaw. 2007, c P‑13.2, s 140. Conformity with The Land Surveys Act, 2000 141(1) On approval of a plan of subdivision by an approving authority, the council shall submit the plan to the Controller of Surveys for approval in accordance with The Land Surveys Act, 2000 and the regulations made pursuant to that Act. (2) After the Controller of Surveys has approved the plan of subdivision submitted pursuant to subsection (1), any title issued by the Registrar of Titles: (a) to any new lots, blocks or parcels shown on the plan must be in the name of the owner or owners of the land; 93 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (b) to any roads, streets, lanes or other public highways shown on the plan must be or vest in the name of the Crown; and (c) to any dedicated lands or walkways shown on the plan must be issued to the Crown or the municipality according to the designation on the plan as set out in the regulations made pursuant to section 205. 2007, c P‑13.2, s 141. Recovery of costs 142 The costs of preparing and submitting a plan of subdivision to the Controller of Surveys for approval pursuant to section 141: (a) are a debt due to the municipality by the owner of the land with respect to which the required subdivision bylaw was passed; (b) are a charge against the land included in the title; and (c) are to be added to and form part of the taxes on that land. 2007, c P‑13.2, s 142. Direction to council 143(1) The minister may, after consultation with the council, direct the council to prepare and pass a required subdivision bylaw. (2) The council shall, within 90 days after the date of the minister’s direction pursuant to subsection (1), pass a required subdivision bylaw. (3) If the council fails to pass a required subdivision bylaw pursuant to the minister’s direction, the minister may exercise all the powers vested in the council by sections 136 to 142, and those sections apply, with any necessary modification, to the minister. (4) If the minister has acted pursuant to subsection (3): (a) the municipality shall, on demand, pay to the minister the costs of making and having the plan approved pursuant to section 141 and of having titles issued pursuant to The Land Titles Act, 2000; and (b) the minister shall cause a copy of all notices, orders or plans of subdivision involved to be forwarded to the municipality in which the land is situated. (5) Any amount mentioned in clause (4)(a) that is paid by the municipality is a debt due to the municipality by the owner of the land with respect to which the order of the minister was made and may be recovered in the manner provided in section 142. 2007, c P‑13.2, s 143. 94 c P-13.2 PLANNING AND DEVELOPMENT, 2007 DIVISION 5 Replotting Schemes Power to prepare replotting scheme 144 For the purpose of facilitating the physical development of land within a municipality by redistributing the ownership of the land within a replotting scheme and after the hearing mentioned in section 145, a council may, by resolution, authorize the preparation of a replotting scheme and describe the land to be included within the replotting scheme. 2007, c P‑13.2, s 144. Notice of preparation of replotting scheme 145(1) If a council proposes to consider a resolution authorizing the preparation of a replotting scheme, it shall serve notice of its intention on the registered owners of land within the boundaries of the replotting scheme stating: (a) the land proposed to be included in the replotting scheme; (b) the nature of the proposed alteration in boundaries of the lots in the replotting scheme; (c) the location of any easements or rights of way in the replotting scheme; and (d) the time and place at which the council intends to hold a hearing on the matter. (2) If a council is not an approving authority, it shall forward the information described in subsection (1), at the same time that it serves notice of its intention on registered owners pursuant to that subsection, to the approving authority for the area of Saskatchewan within which the municipality is located. (3) At the hearing mentioned in the notice, the council shall hear any registered owner to whom a notice of the hearing has been given and who wishes to be heard or any person acting on behalf of the registered owner. 2007, c P‑13.2, s 145. Registration of replotting scheme 146(1) If a council authorizes the preparation of a replotting scheme pursuant to section 144, the municipal administrator shall apply to the Registrar of Titles to prohibit, pursuant to section 99 of The Land Titles Act, 2000, a transfer or the registration of any interest against the titles of all parcels of land included within the replotting scheme. (2) An application pursuant to subsection (1) must be accompanied by: (a) a certified copy of the resolution mentioned in section 144; and (b) a list of all parcels of land included within the replotting scheme. 95 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (3) After the Registrar of Titles imposes a prohibition against a title in accordance with this section, no transfer of that title may be registered in the land registry except with the consent of the council. (4) If the Registrar of Titles imposes a prohibition in accordance with this section, the record of the prohibition in the land registry constitutes notice that a scheme for the replotting of that land has been initiated: (a) to all persons having any right, title, estate or interest, whether or not it appears on the title, in or to any land included in or affected by the replotting scheme; and (b) to all persons subsequently dealing with that land. (5) After the Registrar of Titles records a prohibition in the land registry in accordance with this section, no person who acquires an interest in land in the replotting scheme is entitled to receive any notice of proceedings with respect to the replotting scheme unless that person files with the municipal administrator: (a) written notice of that person’s interest; (b) evidence of the registration of that person’s interest in the land registry; and (c) an address to which notices may be mailed. 2007, c P‑13.2, s 146. Replotting scheme binding on heirs 147 Any allotment, decision, award, consent or other proceedings in the carrying out of a replotting scheme shall be binding on and enure to the benefit of the registered owner of the land affected by the replotting scheme and the registered owner’s heirs, executors, administrators and assigns. 2007, c P‑13.2, s 147. Contents of a replotting scheme 148 A replotting scheme must consist of: (a) a plan showing the original lots within the scheme, the dimensions and area of each lot, the total area of the lots, easements and rights of way registered against the land in the replotting scheme; (b) a plan showing the proposed re‑subdivision in accordance with the requirements of any bylaws or regulations governing the subdivision of land within the municipality, including the location of easements and rights of way in the replotting scheme; (c) a schedule of the existing buildings and public utilities that are proposed to be demolished, provided, altered, expanded or upgraded; (d) a schedule of the names and addresses of the registered owners of the original lots; (e) a schedule showing the area of each original lot and the area of each proposed new lot; 96 c P-13.2 PLANNING AND DEVELOPMENT, 2007 (f) a schedule showing the proposed allotment of each new lot to be created by the replotting scheme including the proposed registered owner of the lot and his or her address; (g) the lands that the council proposes to acquire pursuant to section 150 without an exchange of properties; (h) the compensation, if any, proposed to be paid to the registered owners; and (i) the proposed apportionment of the estimated cost of preparing the replotting scheme to be paid by: (i) each registered owner of land within the boundaries of the replotting scheme; and (ii) the municipality. 2007, c P‑13.2, s 148. Cost of replotting scheme 149(1) The cost of preparing a replotting scheme must be apportioned in the manner indicated in the replotting scheme. (2) The cost of preparing a replotting scheme must include the following costs respecting the replotting scheme: (a) survey costs; (b) costs paid to prepare a plan of subdivision; (c) any fees payable to the approving authority in connection with the review and approval of the proposed subdivision and the registration of any interests respecting the proposed subdivision; (d) roadways, public highways and related infrastructure; (e) land titles costs. (3) The portion of any cost of preparing a replotting scheme that is payable: (a) by the municipality may be included in the annual tax levy of the municipality; or (b) by the owners, other than the municipality, may be raised by a special tax levied by the municipality on the lands of those owners included in the replotting scheme. (4) The special tax mentioned in clause (3)(b) is a lien on the land and is recoverable in the same manner as general taxes levied on the land. 2007, c P‑13.2, s 149. Acquisition of certain land 150(1) If the area of land of an owner is too small to constitute a separate lot pursuant to the regulations or a bylaw governing the subdivision of land within the municipality, the council may acquire the land by agreement with the owner. 97 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (2) If the owner does not agree to sell land to the municipality, the council shall give written notice to the owner stating that: (a) the land is included in a replotting scheme; (b) compensation will be paid to the owner and that sections 160 to 166 apply to that compensation; and (c) no exchange of properties will be made. 2007, c P‑13.2, s 150. Principles of replotting 151(1) In the preparation and carrying out of a replotting scheme, the following principles apply: (a) all parcels of land, including highways and other public lands, are deemed to be united in a single unit of land; (b) land required for the public highways and other lands dedicated in accordance with Part IX are to be taken from each unit of land described in clause (a) and the remainder is to be divided among the owners in a suitable and equitable manner; (c) any mines and minerals that have not been patented before the filing of the replotting scheme are deemed to have been previously granted to the Crown. (2) For the purpose of clause (1)(b), the municipality is deemed to be the owner of land to which section 150 applies. 2007, c P‑13.2, s 151. Copies of scheme to certain persons 152 The council shall send one copy of the replotting scheme to: (a) the minister responsible for the administration of The Highways and Transportation Act, 1997; and (b) Saskatchewan Power Corporation, SaskEnergy Incorporated, Saskatchewan Telecommunications and any other corporation operating a public utility that may be affected by the replotting scheme. 2007, c P‑13.2, s 152. Notice of replotting scheme 153(1) On completion of the preparation of a replotting scheme, the council shall cause notice of the replotting scheme to be served on each registered owner of land within the boundaries of the replotting scheme. (2) The notice mentioned in subsection (1) must: (a) outline the contents of the replotting scheme and explain its consequences if adopted; and (b) state the date, time and place at which a public hearing will be held to hear representations with respect to the replotting scheme. 2007, c P‑13.2, s 153. 98 c P-13.2 PLANNING AND DEVELOPMENT, 2007 Public hearing 154 As soon as is practicable after serving notices pursuant to section 153, the council shall: (a) hold a public hearing on the replotting scheme in accordance with the notice; and (b) at the public hearing, hear any registered owner who wishes to be heard. 2007, c P‑13.2, s 154. Adoption of replotting scheme 155(1) The council may, by resolution, adopt the replotting scheme after: (a) holding a hearing; and (b) obtaining written consent to the replotting scheme from the owners of parcels of land: (i) constituting at least two‑thirds of the number of original parcels of land included in the replotting scheme; and (ii) constituting at least two‑thirds of the assessed value of the original parcels of land included in the replotting scheme, exclusive of improvements on that land. (2) If the council fails to obtain the consents required pursuant to subsection (1), the council shall, by resolution, discontinue the replotting scheme and discharge any interest registered pursuant to section 146 that relates to the replotting scheme. 2007, c P‑13.2, s 155. Subdivision approval of replotting scheme 156(1) On the adoption of a replotting scheme, the council shall: (a) apply to the relevant approving authority for subdivision approval, in accordance with the provisions of this Part, of the land included in the replotting scheme with proof of compliance with: (i) section 152 or the consents of the parties to which a copy of the replotting scheme is required to be transmitted pursuant to section 152; (ii) subsection 153(1) by way of a copy of the notice mentioned in subsection 153(2) and copies of any receipts of service received; and (iii) section 154 by way of either a certified copy of the minutes of the hearing or a statutory declaration of the contents or results of the hearing; and (b) submit to the Controller of Surveys: (i) a certified copy of the resolution adopting the replotting scheme; (ii) a certified copy of the replotting scheme; and (iii) for approval, the plan of subdivision made in accordance with the replotting scheme and in conformity with the requirements of The Land Surveys Act, 2000 and the regulations made pursuant to that Act. 99 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (2) For the purposes of subclause (1)(b)(iii), the plan must be approved by the municipal administrator. (3) After the plan of subdivision has been approved by the Controller of Surveys pursuant to subclause (1)(b)(iii), the council shall: (a) apply to the Registrar of Titles to issue title respecting the parcels shown on the plan of subdivision; and (b) discharge any registered interest that was based on: (i) a building restriction; or (ii) a building restriction caveat or any other mutual or restrictive covenant that was registered pursuant to The Land Titles Act, 2000 or any former Land Titles Act. 2007, c P‑13.2, s 156. Completion or discontinuance of replotting scheme 157(1) Within two years after the date of the resolution authorizing the preparation of a replotting scheme, the council shall: (a) discontinue the replotting scheme and discharge any interest registered pursuant to section 146; or (b) adopt the replotting scheme and submit the documents to the Controller of Surveys in accordance with clause 156(1)(b). (2) If on the expiration of two years after the date of the resolution authorizing the preparation of a replotting scheme the council has not acted in accordance with clause (1)(a) or (b), the interests registered pursuant to section 146, subject to subsection (3), cease to have effect. (3) If a plan of subdivision and any schedule mentioned in clause 148(f) covering some of the parcels of land described in the list mentioned in clause 146(2)(b) have been approved or received by the Controller of Surveys, only those interests registered with respect to the titles to the parcels of land not covered by the plan and schedule cease to have effect. 2007, c P‑13.2, s 157. Transfer of rights and obligations 158 Except as otherwise provided in this Act, on completion of registration in accordance with section 156: (a) all rights, obligations and incidents of ownership of the owner of a former parcel of land or of an interest in that land and all public and private relationships with respect to a former parcel of land are, for all purposes, deemed to be transferred to and to exist with respect to the new parcel allotted to the owner of the former parcel to the same extent and in the same manner as they existed with respect to the former parcel of land; 100 c P-13.2 PLANNING AND DEVELOPMENT, 2007 (b) the new parcels of land and the respective owners of that land are subject to and liable for all the municipal rates, taxes, assessments and charges levied against the owners’ former parcels respectively and are subject to all proceedings taken and to be taken for the collection of municipal rates, taxes, assessments and charges in any manner provided by law; and (c) the replotting scheme and the allotments of land made by that scheme are binding for all purposes on all persons having any right, title, estate or interest in or to the land included in the plan of subdivision, subject only to any right to compensation provided in this Act. 2007, c P‑13.2, s 158. Notification of approval of a replotting scheme 159 Within 10 days after the receipt from the Controller of Surveys of a notice of approval of the plan of subdivision, the municipal administrator shall: (a) cause notice to be served by registered mail or personal service on all registered owners of land in the replotting scheme stating that: (i) the council has adopted the replotting scheme; and (ii) the plan of subdivision has been approved by the Controller of Surveys; and (b) deposit with a judge of the Court of King’s Bench sitting at the judicial centre nearest to which the land is situated: (i) a list stating the names and addresses of all owners affected by the replotting scheme who have not consented in writing to the replotting scheme, together with a description of the parcel of land allotted by the replotting scheme to each such owner and of the parcel in lieu of which the allotment was made; (ii) a certified copy of the resolution adopting the replotting scheme; and (iii) a certified copy of the replotting scheme as adopted by the council and a copy of the plan of subdivision approved by the Controller of Surveys. 2007, c P‑13.2, s 159; 2024, c 4, s 32. Setting down hearing for compensation 160 Within 30 days after the date that the material mentioned in clause 159(b) is deposited, the judge shall appoint a time and place for the hearing of applications by non‑consenting owners for compensation. 2007, c P‑13.2, s 160. Notice of hearing 161(1) On being notified of the time and place appointed for hearing applications for compensation, the municipal administrator shall give written notice of the time and place to each non‑consenting owner whose name appears on the list mentioned in clause 159(b). 101 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (2) All notices required by subsection (1) must be served by personal service or registered mail not less than 20 days before the date of the hearing. 2007, c P‑13.2, s 161. Factors in assessing compensation 162 On hearing the applications for compensation, the judge shall determine the amount of compensation, if any, to be allowed for and on account only of: (a) the loss of value of the former parcel of land insofar as adequate compensation is not afforded by the new parcel allotted; (b) the loss of, damage to or the cost of moving buildings or improvements on the former parcel of land; (c) the loss of income from the use of buildings or from the special conditions or use of the former parcel of land caused by the carrying out of the replotting scheme; and (d) the loss resulting from the acquisition of the person’s land by the council pursuant to section 150. 2007, c P‑13.2, s 162. Determination of land values 163 In determining the amount of compensation, the judge shall ascertain: (a) the value of the former parcel of land as of the date of the interest registered against the title pursuant to section 146; and (b) the value of the new parcel of land as of the date of the approval of the plan of subdivision. 2007, c P‑13.2, s 163. Appeals 164 With leave of a judge of the Court of Appeal, any party to the hearing of applications for compensation provided for in this Act may appeal to the Court of Appeal from the decision of the judge hearing the application. 2007, c P‑13.2, s 164. Time for payment of compensation 165(1) The council shall pay the amounts of compensation proposed by the replotting scheme out of the general revenue of the municipality within 90 days from the date of approval of the plan of subdivision by the Controller of Surveys. (2) Notwithstanding subsection (1), if an application for compensation has been made to a judge or an appeal has been made to the Court of Appeal, the council shall pay the compensation within 90 days from the date of the award or judgment. 2007, c P‑13.2, s 165. 102 c P-13.2 PLANNING AND DEVELOPMENT, 2007 Compensation subject to limitations and charges 166 The compensation mentioned in section 165 stands in the stead of the land with respect to which it was proposed or awarded and is subject to the limitations and charges, if any, to which the land was subject. 2007, c P‑13.2, s 166. Removal of buildings 167 A council may, as required by a replotting scheme, demolish, reconstruct or move any building or public utility. 2007, c P‑13.2, s 167. PART VIII Development Levies and Servicing Fees Interpretation of Part 168 In this Part, “capital cost” means the municipality’s estimated cost of providing construction, planning, engineering and legal services that are directly related to the matters for which development levies and servicing agreement fees are established pursuant to sections 169 and 172, as the case may be, but does not include any cost of maintaining roadways, other related infrastructure and public facilities. 2007, c P‑13.2, s 168; 2012, c 28, s 28. Development levy bylaw 169(1) If a council has adopted an official community plan that authorizes the use of development levies, the council may, by bylaw, establish development levies to recover the capital costs of services and facilities as prescribed in subsections (2) and (3). (2) If a development does not involve the subdivision of land, a council may impose development levies for the purpose of recovering all or a part of the municipality’s capital costs of providing, altering, expanding or upgrading the following services and facilities associated, directly or indirectly, with a proposed development: (a) sewage, water or drainage works; (b) roadways and related infrastructure; (c) parks; (d) recreational facilities. 103 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (2.1) If the subdivision of land is involved, development levies must not be used as a substitute for servicing agreement fees. (3) The development levy bylaw shall only permit development levies to be imposed if the municipality will incur additional capital costs as a result of the proposed development. (4) The levies in the development levy bylaw must be based on: (a) a study or studies that determine the capital costs of municipal servicing and recreational requirements that service the area for which the levy is applied; and (b) consideration by council of future land use patterns and development and the phasing of public works. (5) The development levy bylaw must specify the levies to be made for services and facilities and may vary those levies having regard to: (a) zoning districts or other defined areas; (b) land uses; (c) capital costs as they relate to different classes of development as established in the bylaw; or (d) the size or number of lots or units in a development. (6) The development levy bylaw must provide that similar levies be imposed for developments that impose similar capital costs to the municipality. (7) The development levy bylaw may exempt land uses, classes of development, zoning districts or defined areas specified in the bylaw from the levies. (8) The development levy bylaw may delegate to a development officer the authority to exercise all or any part of the council’s powers, and to carry out all or any of the council’s duties, pursuant to this section, section 171, and sections 173 to 176 of this Act and the bylaw, other than the power to enter into development levy agreements with an applicant or owner. (8.1) Notwithstanding subsection (8), a development levy bylaw adopted by a council that has been declared an approving authority pursuant to subsection 13(1) may delegate to a development officer the power to enter into development levy agreements with an applicant or owner. (9) Adoption of a development levy bylaw must be in accordance with the public participation requirements of Part X. (10) Subsection (9) does not apply if a council that has been declared an approving authority pursuant to subsection 13(1) has adopted provisions related to development levy bylaws in a public notice bylaw pursuant to section 24; 104 c P-13.2 PLANNING AND DEVELOPMENT, 2007 (11) If providing, altering, expanding or upgrading of services mentioned in subsection (2) will result in capital costs for facilities located outside the municipality in which the proposed development is to occur, the development levy bylaw may require: (a) payment to the other municipality that will bear those capital costs; and (b) submission to the municipality of an agreement that satisfies the municipality that the other municipality will provide, alter, expand or upgrade those services and bear those capital costs. 2007, c P‑13.2, s 169; 2012, c 28, s 29; 2018, c 27, s 32. Bylaw requires ministerial approval 170(1) The municipal administrator shall submit to the minister: (a) two certified copies of the development levy bylaw passed pursuant to section 169; and (b) proof of compliance with the requirements of Part X in the form of a statutory declaration of the municipal administrator, together with a copy of all representations respecting the bylaw. (2) A bylaw mentioned in subsection (1) has no effect unless it is approved by the minister. (3) Notwithstanding subsections (1) and (2), a council that has been declared an approving authority pursuant to subsection 13(1) is exempt from obtaining the minister’s approval of the adoption, amendment or repeal of a development levy bylaw. 2007, c P‑13.2, s 170. Development levy agreement 171(1) If a person applies for a development permit, a council that has passed a development levy bylaw pursuant to section 169 may require the applicant or the owner of the land to pay any applicable development levies in accordance with that bylaw. (2) If, in the opinion of the council, it is necessary to do so, the council or development officer may require the applicant or owner mentioned in subsection (1) to enter into a development levy agreement with the municipality respecting the payment of the development levies. (3) Subject to subsection 169(3), a council may assess only one development levy on one development. 2007, c P‑13.2, s 171. 105 PLANNING AND DEVELOPMENT, 2007 c P-13.2 Servicing agreement 172(1) If there is a proposed subdivision of land, the municipality in which the subdivision is located may require a subdivision applicant to enter into a servicing agreement to provide services and facilities that directly or indirectly serve the subdivision. (2) Subdivision applicants shall not receive a certificate of approval from the approving authority if a servicing agreement is required by the municipality and has not been signed by the parties to the agreement. (3) Servicing agreements may provide for: (a) the undertaking by the applicant to install or construct within the proposed subdivision, and in accordance with the specifications stated in the agreement, any storm sewers, sanitary sewers, drains, watermains and laterals, hydrants, sidewalks, boulevards, curbs, gutters, street lights, graded, gravelled or paved streets and lanes, connections to existing services, area grading and levelling of land, street name plates, connecting and boundary streets, landscaping of parks and boulevards, public recreation facilities or other works that the council may require; (b) if council can reasonably demonstrate costs associated with the proposed subdivision, the payment by the applicant of fees that the council may establish as payment in whole or in part for the capital cost of providing, altering, expanding or upgrading sewage, water, drainage and other utility services, public highway facilities, or park and recreation space facilities, located within or outside the proposed subdivision, and that directly or indirectly serve the proposed subdivision; (c) time limits for the completion of any work or the payment of any fees specified in the agreement, which may be extended by agreement of the applicant and the municipality; (d) provisions for the applicant and the municipality to share the costs of any work specified in the agreement; (e) any assurances as to performance that the council may consider necessary; (f) the amount and location of any land for a municipal utility pursuant to section 172.1 that the municipality may require for the location of a public work or public utility; (g) if the provision, alteration, expansion or upgrading of services mentioned in clause (b) will result in capital costs for facilities located outside the municipality in which the subdivision is to occur, a requirement that: (i) payment will be made by the applicant to the other municipality that will bear those capital costs; and (ii) there must be submitted to the municipality an agreement that specifies that the other municipality will bear those capital costs; and 106 c P-13.2 PLANNING AND DEVELOPMENT, 2007 (h) if the provision of service requires capital costs to connect the development to a provincial highway: (i) the applicant to enter into a transportation partnership agreement with the minister responsible for the administration of The Highways and Transportation Act, 1997; or (ii) the payment of fees based on a transportation partnership agreement between the municipality and the minister responsible for the administration of The Highways and Transportation Act, 1997. (4) Servicing agreements shall not provide for the completion of any work by the applicant or the payment of any fees by the applicant that were previously addressed by the payment of development levies or in a development levy agreement pursuant to section 171, unless the municipality will incur additional capital costs as a result of the proposed subdivision. (5) If required to do so by the municipality, an applicant for subdivision approval shall enter into a servicing agreement within 90 days after the day that the municipality receives the subdivision application. (6) The period prescribed in subsection (5) may be extended by agreement of the municipality and the applicant for subdivision approval. 2007, c P‑13.2, s 172; 2012, c 28, s 30; 2018, c 27, s 33.

Municipal utility parcels 172.1(1) A council may require in a servicing agreement that the owner of land that is the subject of a proposed subdivision provide a part of that land as a municipal utility parcel for the purpose of locating a public work or public utility to be provided in accordance with clause 172(3)(a) or (b). (2) A municipal utility parcel must be designated on a plan of subdivision as “Municipal Utility MU 1” or “Municipal Utility MU 2” and so on as the case may require. (3) Land provided pursuant to this section as a municipal utility parcel is the property of the municipality in which the municipal utility parcel is located. (4) The municipality that owns a municipal utility parcel may lease the municipal utility parcel to a person providing a public work or public utility. (5) A municipality may, by resolution, do all or any of the following: (a) designate any parcel of land that it owns as a municipal utility parcel and cause that designation to be registered on the title for the parcel; (b) declare that any land that has been designated as a municipal utility parcel is no longer required as a municipal utility parcel and cause the designation to be removed from the title to the parcel if the public works or public utilities that were provided on the municipal utility parcel: (i) have been relocated to other lands; or (ii) are no longer required. 107 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (6) If the Municipal Utility designation mentioned in subsection (2) has not been removed in accordance with clause (5)(b), a municipality shall not: (a) exchange a municipal utility parcel for other lands; or (b) sell a municipal utility parcel. (7) Municipal utility parcels are not to be included as part of the land area proposed for a subdivision for the purposes of calculating the amount of land required for subsection 186(3). 2012, c 28, s 31. Terms and conditions of development levy agreements or servicing agreements 173 Development levy agreements and servicing agreements may contain provisions: (a) authorizing the payment of levies or fees in instalments; (b) applying a variable rate where the development is to be constructed in phases over a period; (c) providing for letters of credit, performance bonds or any other form of assurance the council considers necessary to ensure payment for the development levies or the servicing agreement fees, as the case may be; (d) allowing for: (i) reimbursement of levies imposed pursuant to section 169, of fees imposed pursuant to clause 172(3)(b) or of the value of excess infrastructure capacity built pursuant to clause 172(3)(a) if the levies, fees or infrastructure capacity for which the application is being made benefit subsequent development or subdivision of the land; and (ii) for the purpose of making a reimbursement in accordance with subclause (i), the collection of additional levies or fees from any person benefiting from the levies, fees or excess infrastructure capacity mentioned in that subclause; and (e) prescribing any other matter or thing that the council considers necessary to facilitate the agreement. 2007, c P‑13.2, s 173; 2012, c 28, s 32. Use of levies and fees 174(1) A municipality shall deposit all development levies and servicing agreement fees received pursuant to sections 171 and 172 into one or more development levy or servicing agreement accounts, separate and apart from other funds of the municipality. (2) A municipality shall use the funds received, and any accrued interest, only: (a) to pay the capital cost of providing the services and facilities described in subsection 169(2) or 172(3); 108 c P-13.2 PLANNING AND DEVELOPMENT, 2007 (b) to pay a debt incurred by a municipality as a result of an expenditure described in subsection 169(2) or 172(3); (c) to reimburse an owner described in clause 173(d); or (d) in the case of fees collected pursuant to clause 172(3)(h) by a municipality, to pay those fees to the minister responsible for the administration of The Highways and Transportation Act, 1997, in accordance with any agreement with that minister. 2007, c P‑13.2, s 174; 2018, c 27, s 34. Registration of development levy or servicing agreements 175(1) A municipality may register an interest based on a development levy agreement or servicing agreement in the land registry against the affected title. (2) On registration of an interest based on a development levy agreement or servicing agreement, the rights and privileges in the development levy agreement: (a) enure to the benefit of the municipality; and (b) run with the land and are binding on the registered owner of the land and the registered owner’s heirs, executors, administrators, successors and assigns. 2007, c P‑13.2, s 175. Appeals on development levy or servicing agreements 176(1) If a council intends to request a payment of a development levy imposed pursuant to section 169 or a fee provided in a servicing agreement entered into pursuant to section 172, that request must be in writing. (2) Unless a request for payment pursuant to subsection (1) is made pursuant to a development levy agreement, an applicant, within 30 days after receiving a request pursuant to subsection (1), may appeal the request to the Saskatchewan Municipal Board on any of the following grounds: (a) that the capital work or project for which the development levy or fee is to be collected does not directly or indirectly serve the proposed development or subdivision; (b) that the development levy is not for capital costs; (c) that the calculation of the development levy is incorrect; (d) that the levy or its equivalent amount has already been paid with respect to the proposed development. (3) On an appeal pursuant to subsection (2), the Saskatchewan Municipal Board may: (a) dismiss the appeal; (b) grant the appeal; or (c) vary the amount of the development levy or fee requested by the municipality or vary the terms of the development levy agreement or servicing agreement. 109 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (4) If a municipality requires an applicant or owner of the land to enter into a development levy agreement pursuant to section 171 or a servicing agreement pursuant to section 172 and the municipality and the applicant or the owner of the land are unable to enter into an agreement within 90 days after the date of the application for the development permit or proposed subdivision of land, the applicant or the owner of the land may apply to the Saskatchewan Municipal Board for a decision respecting all or any of the following: (a) whether or not a development levy agreement or servicing agreement is necessary; (b) the proposed terms and conditions of the development levy agreement or servicing agreement; (c) whether or not the application for the development permit or proposed subdivision of land is incomplete. (5) The council and the applicant or the owner of the land may agree to extend the periods for making appeals pursuant to this section. (6) Notwithstanding subsection (2) or (4), if the council has been declared an approving authority pursuant to subsection 13(1), any appeal by the applicant or the owner of the land pursuant to subsection (2) or (4) must be made, in the first instance, to the Development Appeals Board. (7) A decision of the Development Appeals Board pursuant to subsection (6) may be appealed to the Saskatchewan Municipal Board in accordance with section 226. 2012, c 28, s 33. PART IX Dedicated Lands DIVISION 1 Buffer Strips Provision of buffer strips 177(1) If, in the opinion of the approving authority, a plan of proposed subdivision requires the provision of land as a buffer between adjacent land put to a use not compatible with that proposed for the subdivision, the owner of the land shall provide, without compensation, land sufficient for that purpose. (2) Any land provided pursuant to subsection (1) is in addition to the dedication of lands required by this Act. 2007, c P‑13.2, s 177. 110 c P-13.2 PLANNING AND DEVELOPMENT, 2007 Size and location 178 The amount of land required to be provided as a buffer strip and the location of the buffer strip are at the discretion of the approving authority and, on issuance of title pursuant to the approved plan of subdivision, the land becomes the property of the municipality in which it is located. 2007, c P‑13.2, s 178. Sale of buffer strips 179(1) Subject to any regulations made pursuant to section 205, a council may, by bylaw, authorize the sale of all or any part of a buffer strip to which it has title. (2) In passing a bylaw pursuant to subsection (1), the council shall comply, with any necessary modification, with: (a) the public participation requirements of Part X; and (b) the ministerial approval requirements of section 200. (3) Subject to the regulations made pursuant to section 205, the minister may, on the request of a municipality or on the minister’s own initiative, authorize the sale of all or any part of a buffer strip to which the Crown has title. (4) Before authorizing a sale pursuant to subsection (3), the minister may require the municipality to pass a bylaw pursuant to the requirements of subsection (2). (5) The minister may refuse any sale of a buffer strip if the minister considers the sale undesirable. (6) Clause (2)(a) does not apply if a council that has been declared an approving authority pursuant to subsection 13(1) has adopted provisions related to the sale of buffer strips in a public notice bylaw pursuant to section 24. (7) Clause (2)(b) does not apply to a council that has been declared an approving authority pursuant to subsection 13(1). 2007, c P‑13.2, s 179. Lease or exchange 180(1) All or any part of a buffer strip may be leased for a use as specified in the regulations made pursuant to section 205. (2) No buffer strip is to be exchanged for another parcel of land unless the exchange involves a re‑subdivision that creates a new buffer strip. (3) The exchange of a buffer strip shall comply, with any necessary modification, with the requirements of section 179. (4) Notwithstanding subsection (3), the minister may, on the request of a council, dispense with the public participation requirements of Part X if he or she is of the opinion that the proposed exchange is of a minor nature. 2007, c P‑13.2, s 180. 111 PLANNING AND DEVELOPMENT, 2007 c P-13.2 DIVISION 2 Dedication of Lands Requirement of owner 181 The owner of land that is the subject of a proposed subdivision shall provide, without compensation, to the municipality in which it is located all or any of the following that an approving authority may require in accordance with this Part: (a) land for environmental reserve or municipal reserve; (b) money in lieu of any of the land required to be dedicated as municipal reserve; (c) a combination of land and money. 2007, c P‑13.2, s 181. Provision of land prior to subdivision 182(1) An owner of land who intends to subdivide it may, with the consent of the approving authority, enter into an agreement pursuant to section 235 with the municipality in which the land to be subdivided is situated whereby the owner will, before the subdivision of land is made, provide to the municipality for municipal reserve land: (a) land within the area of land intended to be subdivided; or (b) land within any other area of land in the municipality. (2) Land provided to a municipality pursuant to subsection (1) must be used as municipal reserve in accordance with this Act and the agreement pursuant to which it was provided. 2007, c P‑13.2, s 182. Exemptions from dedication 183 No approving authority shall require the owner of land that is the subject of a proposed subdivision to provide municipal reserve land or money in place of that reserve land if: (a) the first lot is to be created from a quarter section of land excluding any previous subdivisions for any of the purposes described in clauses (c) to (f); (b) a single lot is to be subdivided from land located in the Northern Saskatchewan Administration District, if the lot will be, in the opinion of the approving authority, remote from other subdivisions; (c) the land is to be subdivided into lots of four hectares or more and is to be used solely for agricultural purposes; (d) the land is to be re‑subdivided for the purpose of correcting or rearranging boundaries; (e) the land is included in an area previously subject to the requirements for dedication pursuant to any former Act and there are records confirming that: (i) land was dedicated as municipal reserve; or (ii) money in lieu of municipal reserve was paid; 112 c P-13.2 PLANNING AND DEVELOPMENT, 2007 (f) the land to be subdivided is intended solely for the purpose of: (i) a drainage ditch or irrigation canal; (ii) a line or transmission or distribution facility for electricity, natural gas, oil, radio, television, telecommunications, sewage or water; (iii) a public highway, provincial highway or other government‑owned roadway; (iv) a publicly owned reservoir or facility for the storage, treatment or pumping of water or sewage; (v) a cemetery, dedicated lands, a park, wildlife habitat and ecological lands or a historic or archaeological site; or (g) the land is park land within the meaning of The Parks Act or a regional park established or continued pursuant to The Regional Parks Act, 2013. 2007, c P‑13.2, s 183; 2010, c 36, s 14; 2013, c R‑9.11, s 39; 2018, c 27, s 35. Dedication of public highways 184 An approving authority may require the owner of land that is the subject of a proposed subdivision to provide without compensation part of that land, in any amount and in any location that the approving authority considers necessary, to the Crown for the purpose of public highways. 2007, c P‑13.2, s 184. Environmental reserve 185(1) An approving authority may, in consultation with the minister responsible for the administration of The Environmental Management and Protection Act, 2010, with the Water Security Agency, or with any other agency the approving authority may determine, require the owner of land that is the subject of a proposed subdivision to provide part of that land as environmental reserve, in any amount and in any location that the approving authority considers necessary, if the land consists of: (a) a ravine, coulee, swamp, natural drainage course or creek bed; (b) wildlife habitat or areas that: (i) are environmentally sensitive; or (ii) contain historical features or significant natural features; (c) land that is subject to flooding or is, in the opinion of the approving authority, unstable; or (d) land that abuts the bed and shore of any lake, river, stream or other body of water and that is required for the purpose of: (i) the prevention of pollution; (ii) the preservation of the bank; or (iii) the protection of the land to be subdivided against flooding. 113 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (2) Land provided as environmental reserve pursuant to subsection (1) becomes the property of the municipality in which the land is situated. (3) An environmental reserve may be used as a public park or for any other use that the minister may, by regulation, specify, but, if it is not used for those purposes, the environmental reserve must be left in its natural state. (4) Subject to any regulations made pursuant to section 205, if an environmental reserve is owned by the Crown, the minister may lease the environmental reserve for any purpose provided for by subsection (3). (5) Subject to any regulations made pursuant to section 205, if an environmental reserve is owned by the municipality in which an environmental reserve is located, the municipality may lease the environmental reserve for any purpose provided for by subsection (3). (6) No environmental reserve may be sold unless the minister, in consultation with the minister responsible for the administration of The Environmental Management and Protection Act, 2010, with the Water Security Agency, or with any other agency the minister may determine, is satisfied that the land in question need no longer be retained as environmental reserve. (7) No environmental reserve shall be exchanged for another parcel of land. 2007, c P‑13.2, s 185; 2010, c E‑10.22, s 105; 2013, c 32, s 11. Public reserve, municipal reserve 186(1) Subject to section 183, an approving authority may require the owner of land that is the subject of a proposed subdivision to provide: (a) part of that land as municipal reserve; (b) money in lieu of municipal reserve; or (c) a combination of land and money. (2) Land provided as municipal reserve becomes the property of the municipality in which it is located. (3) The aggregate amount of land that may be required to be provided pursuant to subsection (1) is: (a) in the case of a residential subdivision, 10% of the land area proposed for subdivision; and (b) in the case of a non‑residential subdivision, 5% of the land area proposed for subdivision. (4) For the purposes of subsection (3), the land included in the area proposed for subdivision is not to include the land required to be provided as environmental reserve. 114 c P-13.2 PLANNING AND DEVELOPMENT, 2007 (5) If land is to be developed in phases over a certain period, a council that has been declared an approving authority pursuant to subsection 13(1) may, pursuant to section 21, prescribe how the requirement for municipal reserve may be met. (6) Notwithstanding subsection (4): (a) the approving authority may accept as part of the land required to be dedicated as municipal reserve any part of the land, as it may determine, that may be dedicated to environmental reserve or, in the case of a subdivision for residential purposes, buffer strips, if that land is accessible to and usable by the public; (b) the amount of land required to be provided as buffer strips in a subdivision of land other than for residential purposes may be included in calculating the amount of land required to be dedicated as municipal reserve in a subdivision of land if the approving authority considers that the public interest is best served by that arrangement. (7) The location and suitability of land dedicated as municipal reserve is subject to the approval of the approving authority. (8) Notwithstanding subsection (3), the approving authority may require the dedication of additional land, to a maximum amount of land prescribed in the regulations made pursuant to section 205, for municipal reserve or money in lieu of that land, if, in the opinion of the approving authority, the population in a proposed subdivision will exceed a density prescribed in the regulations made pursuant to section 205. 2007, c P‑13.2, s 186. Money in lieu of municipal reserve land 187(1) If it appears to the approving authority that the dedication of land as municipal reserve would, for any reason, be unnecessary or undesirable at the time of subdivision, the approving authority may: (a) direct that the requirements of the dedication of land to municipal reserve be waived in whole or in part; and (b) require the applicant to pay to the municipality in lieu of that land a sum of money equal to: (i) in the case of land subdivided for residential purposes, 10% of the value of the land that remains when the land required to be provided as environmental reserve has been subtracted from the subdivision; or (ii) in the case of land subdivided for non‑residential purposes, 5% of the value of the land that remains when the land required to be provided as environmental reserve has been subtracted from the subdivision. (2) If a combination of land and money is required to be provided with respect to municipal reserve, the total of the following must not exceed an amount equal to the maximum applicable requirements for land dedication: (a) the percentage of land required; (b) the percentage of the value of the land required. 115 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (3) For the purposes of this section, the value of the land must be equivalent to the value of the land that would have been dedicated. (4) Repealed. 2018, c 27, s 36. (5) The value of the land mentioned in subsection (3) must be determined by a qualified appraiser selected and paid for by the municipality, unless the value of the land is: (a) recommended by the municipality in which the land proposed for subdivision is located; and (b) agreed to by the applicant and the approving authority. 2007, c P‑13.2, s 187; 2018, c 27, s 36. Acquisition of municipal reserve 188 A municipality may, by resolution, designate any parcel of land it owns or acquires as municipal reserve. 2007, c P‑13.2, s 188. Dedication by the minister 189(1) The minister may dedicate as public reserve or environmental reserve: (a) any land owned by the Crown and administered by the minister or a ministry over which the minister presides; or (b) any land owned by the Crown and administered by another member of the Executive Council or a ministry over which that other member of the Executive Council presides, with the agreement of that other member of the Executive Council. (2) Any land dedicated pursuant to subsection (1) as public reserve or environmental reserve is subject to the provisions of this Part. 2007, c P‑13.2, s 189; 2012, c 28, s 34. Deferral of dedication 190(1) If it appears to the approving authority that the dedication of land for municipal reserve would, for any reason, be unnecessary or undesirable, the approving authority may direct that the requirements of dedicating land to municipal reserve with respect to the proposed subdivision be deferred in whole or in part. (2) A direction pursuant to subsection (1) may relate to: (a) the parcel of land proposed to be created by the application for subdivision approval; (b) the remainder of the parcel of land that is the subject of the application for subdivision approval; or (c) with the agreement of the applicant, any other of the applicant’s land that is within the same municipality as that parcel of land. 116 c P-13.2 PLANNING AND DEVELOPMENT, 2007 (3) If a deferment is directed pursuant to subsection (1), the approving authority shall register an interest based on the direction in the land registry against the title to the land to which the direction relates. (4) A direction for a deferment pursuant to subsection (1) must: (a) Repealed. 2018, c 27, s 37. (b) describe the land that is the subject of the application for subdivision approval; (c) describe the land to which the deferment relates; and (d) state the area of land mentioned in clause (b). (5) An approving authority may, in addition to requiring the provision of land or money or a combination of them pursuant to section 186, require to be provided all or part of the municipal reserve land with respect to which a deferment was directed pursuant to subsection (1) or pursuant to any former Act, as the case may be, if an application for subdivision approval is made respecting: (a) land with respect to which an interest is registered pursuant to subsection (3); or (b) land with respect to which a direction for deferment was made, but with respect to which no interest was registered, pursuant to any former Act. 2007, c P‑13.2, s 190; 2018, c 27, s 37. Transfers to municipality 191(1) The title to all dedicated lands created before January 1, 1991 and vested in the name of the Crown is hereby transferred to and vested in the name of the municipality in which they are located unless the land has been: (a) exempted by a ministerial order pursuant to subsection (5); or (b) previously transferred to and vested in the name of a municipality under a former Act. (2) All parcels dedicated as public reserve vested in the name of a municipality pursuant to subsection (1) must be known as municipal reserve, and all parcels dedicated as buffer strip or environmental reserve vested in the name of a municipality pursuant to subsection (1) shall be known as buffer strips or environmental reserves, as the case may be. (3) Notwithstanding any other provision of this Act or any other Act: (a) it is not necessary to register or file this Act or register, file or issue any further or other instrument, document or certificate or make any entry showing transmission or assignment of title of the land to the municipality or to have any charge, encumbrance, endorsement or other document transmitted to the name of the municipality; and 117 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (b) for the purposes of the land registry and every registry office or other public office, it is sufficient to cite this Act as effecting the legal and valid grant, conveyance or transfer of title from the Crown to the municipality along with all existing charges, endorsements, encumbrances or other documents. (4) Notwithstanding the provisions of any lease or easement granted by the Crown on dedicated lands transferred pursuant to subsection (1), the municipality to which the land is transferred: (a) is deemed to be validly substituted for the Crown; and (b) is subject to the duties of and may exercise the powers of the Crown as provided in the lease or easement. (5) The minister may, by order, exempt certain lands from the transfer to municipalities pursuant to subsection (1) and those lands so exempted shall remain the property of the Crown. (6) The minister may make a further order repealing or varying an order issued pursuant to subsection (5) to allow certain lands included in the order to be transferred to and vested in the name of the municipality in which the land is located, in which case: (a) those lands are, by that further order, transferred to and vested in the name of the municipality in which they are located; and (b) subsections (1) to (4) apply, with any necessary modification, to the lands mentioned in clause (a). 2007, c P‑13.2, s 191. Use of municipal reserve, public reserve 192(1) Subject to subsection (2), a public reserve or a municipal reserve is only to be used for: (a) a public park or buffer strip; (b) a public recreation area; (c) school purposes; (d) a natural area; (e) a public building or facility; (f) a building or facility used and owned by a charitable corporation as defined in The Non-profit Corporations Act, 2022 ; (g) agricultural or horticultural uses; or (h) any other specific or general use that the minister may prescribe by regulation. (2) Subject to section 22, a council that has been declared an approving authority pursuant to subsection 13(1) may permit uses on a municipal reserve other than those uses mentioned in subsection (1). 2007, c P‑13.2, s 192; 2022, c 26, s 22. 118 c P-13.2 PLANNING AND DEVELOPMENT, 2007 Dedicated lands subject to zoning 193 In addition to any requirements of this Part, the development of buffer strips, environmental reserves, public reserves and municipal reserves is subject to the provisions of an approved official community plan and zoning bylaw or interim development control bylaw. 2007, c P‑13.2, s 193. Approval of temporary development 194(1) In this section: (a) “development” means: (i) improvements or landscaping; and (ii) maintenance of the improvements or landscaping; (b) “grantee” means a person who is granted permission pursuant to subsection (2) to place a temporary structure or a development on dedicated lands other than a walkway. (2) Subject to subsection (3), section 193, and any regulations made pursuant to section 205, the minister or a council may: (a) by permit, grant a person permission to place a temporary structure on any dedicated lands other than a walkway, subject to any terms and conditions that may be specified in the permit; or (b) by agreement, grant a person permission to place a development on any dedicated lands other than a walkway. (3) If the dedicated lands are subject to a lease pursuant to subsection 185(4) or (5) or 191(4), section 195 or subsection 198(1) or 199(1), the minister or the council, as the case may be, shall obtain the consent of all parties to the lease before granting a person permission to use the dedicated lands pursuant to subsection (2). (4) Unless specifically authorized in the regulations made pursuant to section 205, the rights granted to a person pursuant to a permit issued or an agreement made pursuant to subsection (2) are not transferable. (5) A permit issued or an agreement made pursuant to subsection (2) does not give the grantee an exclusive right with respect to the use of the dedicated lands. (6) On the expiration, termination or cancellation of the permit issued or the agreement made pursuant to subsection (2), the grantee, unless specifically exempted by the minister or the council, as the case may be, shall remove the temporary structure or the development from the dedicated lands: (a) within any period specified in the permit or the agreement; or (b) if no period is specified in the permit or agreement, within six months after the expiration, termination or cancellation of the permit or the agreement. 119 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (7) If the grantee removes a temporary structure or development from dedicated lands pursuant to subsection (6), the grantee shall restore the dedicated lands to a condition that is satisfactory to the minister or the council, as the case may be, within the time specified pursuant to subsection (6). (8) If a temporary structure or a development is not removed and the lands restored within the time specified pursuant to subsections (6) and (7): (a) the grantee is no longer entitled to remove the temporary structure or the development and has no further rights with respect to the temporary structure or the development; and (b) the minister or the council, as the case may be, may remove or dispose of the temporary structure or the development and restore the dedicated lands in any manner that the minister or the council considers appropriate. (9) If, on or after the coming into force of this section, a person places a temporary structure or a development on dedicated lands without obtaining a permit from or entering into an agreement with the minister or a council pursuant to subsection (2), the minister or the council, as the case may be, may remove or dispose of the temporary structure or the development and restore the dedicated lands in any manner that the minister or the council considers appropriate. (10) If, before the coming into force of this section, a person placed a temporary structure or a development on dedicated lands without obtaining a permit from or entering into an agreement with the minister or a council, and if the minister or the council believes that it may not be advisable or in the public interest to retain the temporary structure or the development, the minister or the council, as the case may be, shall serve the person believed to have placed the temporary structure or the development on the dedicated lands with written notice of: (a) the minister’s or the council’s intention to remove or dispose of the temporary structure or the development; and (b) the date, time and place of the meeting at which the person may appear to show why the temporary structure or the development should not be removed or disposed of. (11) At least 10 days before the meeting mentioned in subsection (10), the notice mentioned in subsection (10) must be: (a) served on the person mentioned in subsection (10) by: (i) personal service; or (ii) registered mail; (b) sent by ordinary mail to each assessed owner of adjacent property or property within a radius of 75 metres from the temporary structure or the development, whichever distance is greater; and (c) posted on the temporary structure or the development. 120 c P-13.2 PLANNING AND DEVELOPMENT, 2007 (12) The minister or the council, as the case may be, may remove or dispose of the temporary structure or the development and restore the dedicated lands in any manner that the minister or the council considers appropriate if: (a) notice is served in accordance with subsection (11); and (b) either the person: (i) does not appear before the minister or the council, as the case may be; or (ii) appears before the minister or the council, as the case may be, but fails to satisfy the minister or the council that the temporary structure or the development should not be removed from the dedicated lands. (13) If the minister or the council removes or disposes of a temporary structure or a development in accordance with clause (8)(b) or subsection (9) or (12), the person who placed the temporary structure or the development on the dedicated lands has no further rights with respect to the temporary structure or the development. (14) If the minister or a council, in accordance with clause (8)(b) or subsection (9) or (12), disposes of a temporary structure or a development by sale, the proceeds of the disposition are to be applied to the costs incurred by the Crown or the municipality in removing or disposing of the temporary structure or the development and restoring the dedicated lands to a satisfactory condition. (15) The costs incurred by the Crown or a municipality in removing or disposing of a temporary structure or a development and restoring the dedicated lands, less any proceeds of disposition realized pursuant to subsection (14): (a) are a debt due to the Crown or to the municipality from the grantee or from the person mentioned in subsection (9) or (10), as the case may be; (b) in the case of costs incurred by the Crown, may be recovered as a debt due to the Crown or recovered in the manner prescribed by The Financial Administration Act, 1993 or in any other manner authorized by law; and (c) in the case of costs incurred by a municipality, may be recovered as a debt due to the municipality or may be added to the taxes on any lands or improvements owned by that person in the municipality or in any other municipality, with the consent of the council of the other municipality, and may be levied and collected in the same manner as the taxes are recoverable. (16) The minister may delegate to any member of the public service of Saskatchewan the responsibility to exercise or carry out all or any of the powers and duties conferred or imposed on the minister by this section. (17) No action or proceeding lies or shall be instituted against the Crown, the minister, any member of the public service of Saskatchewan, a council, a member of a council, a municipality or any agent of the municipality for any loss or damage suffered by a person by reason of anything in good faith done, caused, permitted or authorized to be done, attempted to be done or omitted to be done by any of them pursuant to or in the exercise or supposed exercise of any power conferred by this section or in the carrying out or supposed carrying out of any duty imposed by this section. 121 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (18) The Lieutenant Governor in Council may make regulations governing the registration of an interest in the land registry based on a permit or an agreement mentioned in this section. 2007, c P‑13.2, s 194. Agreement for use of municipal reserve, public reserve 195(1) In accordance with the municipality’s official community plan statements of policy described in clause 32(2)(j), any municipality and a school division may enter into an agreement providing for the joint use and maintenance of all or any part of: (a) a municipal reserve; (b) a public reserve that has been leased to a municipality or a school division; or (c) any buildings or improvements located on land mentioned in clause (a) or (b). (2) Notwithstanding subsection (1), a municipality and a school division shall enter into an agreement mentioned in subsection (1) if required to do so by the minister responsible for the administration of The Education Act, 1995. (3) Pursuant to subsection (2), the minister responsible for the administration of The Education Act, 1995 shall consult with all affected parties before requiring a municipality and a school division to enter into an agreement mentioned in subsection (1). (4) If a municipality and a school division are not able to conclude an agreement pursuant to subsection (1) or (2) and the minister, in consultation with the minister responsible for the administration of The Education Act, 1995, considers it advisable, the minister may, after consultation with the affected parties: (a) refer all affected parties to dispute resolution as determined appropriate by the minister; or (b) by order, specify the terms and conditions pursuant to which all or part of the municipal or public reserve described in clause (1)(a) or (b) that is located within the municipality must be leased to any school division for school purposes. 2018, c 27, s 38. Intermunicipal agreement for municipal reserve 196 Two or more municipalities may, by resolution, enter into an agreement providing for: (a) the dedication as municipal reserve of any land that any municipality party to the agreement owns or acquires; (b) the administration and maintenance of any municipal reserve in any municipality party to the agreement and any facilities located on the reserves; and (c) the use of any funds collected by any municipality party to the agreement in lieu of the dedication of municipal reserve pursuant to section 187. 2007, c P‑13.2, s 196. 122 c P-13.2 PLANNING AND DEVELOPMENT, 2007 Use of certain money 197 All moneys received by a municipality pursuant to this Part must be dealt with as provided in the regulations made pursuant to section 205. 2007, c P‑13.2, s 197. Sale, etc., of public reserve 198(1) Subject to any regulations made pursuant to section 205, the minister may lease all or any part of a public reserve for any of the purposes provided for in section 192. (2) Subject to any regulations made pursuant to section 205, the minister may sell or exchange all or any part of a public reserve owned by the Crown. (3) If the minister exchanges all or any part of a public reserve owned by the Crown, the other parcel of land must be of equal or greater area or value, and the land so obtained must be designated by the minister as public reserve. (4) If a municipality requests the sale or exchange of all or any part of a public reserve, the minister may authorize the sale or exchange subject to any conditions set by the minister, and before the sale or exchange the minister may require the municipality: (a) to pass a bylaw outlining its request, and to comply, with any necessary modification, with the public participation requirements of Part X before passing the bylaw; and (b) to provide the minister with proof of compliance as provided by subsection 200(1). (5) The minister may refuse any sale or exchange of public reserve that the minister considers to be undesirable. 2007, c P‑13.2, s 198. Sale, etc., of municipal reserve 199(1) Subject to any regulations made pursuant to section 205, the council may lease all or any part of a municipal reserve for any of the purposes provided for in section 192. (2) Subject to the regulations made pursuant to section 205, a council may, by bylaw, authorize the sale or exchange of all or any part of a municipal reserve. (3) If a council proposes to exchange all or any part of any municipal reserve, the other parcel of land must be of equal or greater area or value, and the land obtained must be designated by the council as municipal reserve. (4) In passing a bylaw pursuant to subsection (2), the council shall comply, with any necessary modification, with: (a) the public participation requirements of Part X; and (b) the ministerial approval requirements of section 200. 123 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (5) If a council proposes to exchange all or any part of a municipal reserve, the minister may, on the request of the council, dispense with the requirements of clause (4)(a) if the minister is of the opinion that the proposed exchange is of a minor nature. (6) Clause (4)(a) does not apply if a council that has been declared an approving authority pursuant to subsection 13(1) has adopted provisions related to the sale of municipal reserve in a public notice bylaw pursuant to section 24. 2007, c P‑13.2, s 199; 2010. Ministerial approval of bylaws re sale of municipal reserve 200(1) If a bylaw is passed pursuant to subsection 199(2), the municipal administrator shall submit to the minister: (a) two certified copies of the bylaw; and (b) proof of compliance with the requirements of Part X in the form of a statutory declaration of the municipal administrator, together with a copy of all representations respecting the bylaw. (2) A bylaw mentioned in subsection (1) has no effect unless it is approved by the minister. (3) The minister may refuse to approve a bylaw if the minister is of the opinion that the sale or exchange of the municipal reserve is not desirable. (4) This section does not apply to a council that has been declared an approving authority pursuant to subsection 13(1). 2007, c P‑13.2, s 200. Walkways 201(1) If, in the opinion of the approving authority, a subdivision design requires the provision of land for the purposes of secondary access, the owner of the land shall provide, without compensation, lanes or walkways sufficient for that purpose. (2) The land to be provided pursuant to subsection (1) must be in any location that the approving authority considers necessary and in any amount that may be prescribed in the regulations made pursuant to section 125. (3) Walkways provided pursuant to subsection (1) are the property of the municipality in which they are located. (4) Subject to the regulations made pursuant to section 205, a council may, by bylaw, authorize the sale of all or any part of any walkways if, in the opinion of the municipality, they are no longer necessary. (5) In passing a bylaw pursuant to subsection (4), the council does not have to meet the requirements of clause 199(4)(a) and clause 200(1)(b) of this Act, sections 13 and 14 of The Municipalities Act, sections 13 and 14 of The Cities Act or sections 13 and 14 of The Northern Municipalities Act, 2010. (6) A bylaw mentioned in subsection (4) has no effect until it is approved by the minister. 124 c P-13.2 PLANNING AND DEVELOPMENT, 2007 (7) No walkway shall be leased or exchanged for another parcel of land unless the exchange involves a re‑subdivision that creates a new walkway. (8) Subsection (6) does not apply to a council that has been declared an approving authority pursuant to subsection 13(1). 2007, c P‑13.2, s 201; 2010, c N‑5.2, s 460; 2012, c 28, s 35. DIVISION 3 General Public roadways, utilities 202(1) Notwithstanding anything in this Part, the Crown or a council, as the case may be, may, subject to the regulations made pursuant to section 205, authorize: (a) the construction, installation or maintenance of the following on, over or under any dedicated lands to which the Crown or a council has title: (i) a public highway; (ii) public utility lines; (iii) a water well or water or sewer line that is owned or operated by a person other than the Crown or the municipality and that is used for private or domestic purposes; and (b) the registration of an interest based on an easement for any of the purposes outlined in clause (a) with respect to any dedicated lands to which the Crown or municipality has title. (2) All dedicated lands must be maintained at the expense of the municipality within which they are located, but if those lands have been leased in accordance with this Act and the regulations made pursuant to section 205, those lands must be maintained at the expense of the lessee. (3) Subject to subsection (4), the minister may, by letter or agreement, assign to another ministry of the Government of Saskatchewan the responsibility to control the uses on Crown‑owned dedicated lands that are located within areas administered pursuant to The Forest Resources Management Act, The Parks Act, The Provincial Lands Act, 2016 or The Regional Parks Act, 2013. (4) The authority to lease, exchange or sell dedicated lands assigned to another ministry of the Government of Saskatchewan pursuant to subsection (3) remains with the minister responsible for the administration of this Act. 2007, c P‑13.2, s 202; 2013, c R‑9.11, s 39; 2016, c P‑31.1, s 11‑21; 2018, c 27, s 39; 2019, c 25, s 17. 125 PLANNING AND DEVELOPMENT, 2007 c P-13.2 Title 203(1) On receipt of an application to issue titles pursuant to section 44 of The Land Titles Act, 2000 respecting parcels shown on a plan of subdivision, the Registrar of Titles may issue title for any dedicated lands to the Crown or the municipality according to the designation on the plan as set out in The Dedicated Lands Regulations. (2) The right and title to all mines and minerals under dedicated lands remain vested in the owner of the mines and minerals and the owner’s heirs and assigns. (3) If the Registrar of Titles issues a title for dedicated lands, the title must issue free and clear of all registered interests excepting any utility easements registered pursuant to The Municipalities Act, The Northern Municipalities Act, 2010, The Public Utilities Easements Act, The Saskatchewan Telecommunications Act, The SaskEnergy Act or The Power Corporation Act. (4) If the boundaries of a municipality are created or altered, or if a municipality is dissolved or amalgamated, by Order in Council or Minister’s Order: (a) any dedicated land located in the affected territory is transferred to, and vested in the name of, the municipality in which the dedicated land is located, unless the land is included in an order issued pursuant to subsections 191(5) and (6); and (b) to show the change of ownership, the municipality in which the dedicated land is located may apply to: (i) the Controller of Surveys pursuant to section 42 of The Land Surveys Act, 2000 to redesignate the dedicated lands shown on any plans to comply with The Dedicated Lands Regulations if required; and (ii) the Registrar of Titles pursuant to section 46 of The Land Titles Act, 2000 to transfer the title. (5) An application to the Controller of Surveys or the Registrar of Titles mentioned in clause (4)(b) must include: (a) two certified copies of a bylaw passed by the municipality in which the dedicated land is located that: (i) lists the legal description of the affected land; (ii) appends a certified copy of the Order in Council or Minister’s Order; and (iii) states the address of the municipality to which the title is to be issued; and (b) any other documents and fees required by the Controller of Surveys or the Registrar of Titles. 2007, c P‑13.2, s 203; 2010, c N‑5.2, s 460. 126 c P-13.2 PLANNING AND DEVELOPMENT, 2007 Designation of certain reserves 204(1) If a municipality passes a resolution to designate a parcel as municipal reserve pursuant to section 188 or 196, the council shall apply to the Controller of Surveys to redesignate the parcel as dedicated land in accordance with The Dedicated Lands Regulations. (2) If the minister dedicates a parcel as public reserve or environmental reserve pursuant to section 189, the minister shall apply to the Controller of Surveys to redesignate the parcel as dedicated land in accordance with The Dedicated Lands Regulations. (3) After the Controller of Surveys has redesignated a parcel as dedicated land, the municipality or the minister, as the case may be, shall apply to the Registrar of Titles, who shall issue a new title to the parcel pursuant to section 203. 2007, c P‑13.2, s 204. Regulations 205 The minister may make regulations: (a) respecting any matter or thing that is required or authorized to be prescribed in the regulations pursuant to this Part; (b) respecting any other matter or thing that the minister considers necessary to carry out the intent of this Part. 2007, c P‑13.2, s 205.

PART X Public Participation Exemption for approving authorities, public participation options 206(1) The requirements of this Part do not apply to a council that has been declared an approving authority pursuant to subsection 13(1) and that has passed a public notice bylaw pursuant to section 24. (2) In addition to the requirements of this Part, a council may, in its zoning bylaw, prescribe additional procedures for obtaining public input on land use and development matters. 2007, c P‑13.2, s 206. Notice of proposed bylaw 207(1) A council shall give notice of its intention to consider a bylaw adopting, amending or repealing: (a) an official community plan pursuant to section 36; (b) a fee bylaw pursuant to section 51; (c) a zoning bylaw pursuant to section 76; (d) a development levy bylaw pursuant to section 169; or 127 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (e) any bylaw: (i) to sell all or any part of a buffer strip pursuant to section 179; or (ii) to exchange or sell all or any part of a municipal reserve pursuant to sections 199 and 200. (2) After the first reading of a bylaw mentioned in subsection (1) and before the second reading of the bylaw, council shall hold a public hearing. (3) The notice mentioned in subsection (1) must be given by: (a) advertisement inserted at least once each week for two consecutive weeks in a newspaper circulating in the municipality; or (b) any other method that the minister may approve. (4) With the exception of the notice for the bylaws mentioned in subsection (5), the first notice mentioned in subsection (1) must be published at least two clear weeks before the date of the public hearing. (5) In the case of a bylaw adopting an official community plan or zoning bylaw, the first notice mentioned in subsection (1) must be published at least four clear weeks before the date of the public hearing. (6) The notice mentioned in subsection (1) must: (a) contain a description of the proposed bylaw and the reasons for it; (b) describe the affected area by: (i) the municipal address or legal description of the areas and by including a map or, if it is in the opinion of the municipality not practical to include a map, reference to an electronic map that is widely available to the public; or (ii) in the case of a bylaw of general application, the type of property affected but not the specific location of each property affected; (c) indicate where and when the proposed bylaw and any relevant maps may be examined by any interested person; (d) set out the date, time and place at which a public hearing will be held; and (e) outline the procedure by which the public hearing will be conducted. 2007, c P‑13.2, s 207; 2012, c 28, s 36. Copies of bylaw to be provided 208 The council shall make copies of the proposed bylaw available, at cost, to any interested person, together with a copy of the notice. 2007, c P‑13.2, s 208. 128 c P-13.2 PLANNING AND DEVELOPMENT, 2007 Written notice to owner 209(1) In addition to the requirements of subsection 207(3): (a) if a council proposes to amend its zoning bylaw with respect to districts provided for in that bylaw, it shall give written notice, in accordance with subsection 207(6), to each owner of land that is the subject of the proposed amendment; and (b) if a council proposes to replace its zoning bylaw with a new bylaw, and the proposed use or intensity of use to be permitted on a parcel of land is substantially different than under the current bylaw, it shall give written notice, in accordance with subsection 207(6) respecting the proposed change in use or intensity of use permitted, to each owner of land that is the subject of the proposed new bylaw. (2) The minister may, on the application of a council, exempt the council respecting compliance with any or all of the notice requirements to owners pursuant to subsection (1). 2013, c 23, s 11. Consideration of representations 210(1) At the public hearing mentioned in subsection 207(2), the council: (a) shall ensure that all persons who wish to make representations relevant to the proposed bylaw are heard; (b) shall ensure that minutes of the public hearing are recorded; and (c) may receive all representations on the same day or, if it considers it advisable, adjourn the hearing until all representations are received. (2) If a hearing is adjourned pursuant to clause (1)(c), the council may subsequently sit and receive the representations on the date fixed for the reconvened hearing. 2007, c P‑13.2, s 210. Alteration of bylaw 211(1) Subject to subsections (2) and (3), if, as a result of the consideration of representations regarding the proposed bylaw or for any other reason, the council proposes to alter the bylaw, the council shall not pass the bylaw as altered until the alteration has been advertised and made available for inspection in the manner prescribed in this Part. (2) On the request of the council, the minister may dispense with the requirements of subsection (1) if the minister is of the opinion that the alteration proposed to a bylaw is of a minor nature. (3) Notwithstanding subsection (2), a council that has been declared an approving authority pursuant to subsection 13(1) may dispense with the requirements of subsection (1) if the council is of the opinion that the alteration proposed to a bylaw is of a minor nature. (4) Any person who wishes to make a representation following the advertisement of a proposed alteration shall limit the person’s representation to the alteration. 2007, c P‑13.2, s 211. 129 PLANNING AND DEVELOPMENT, 2007 c P-13.2 Minister’s approval 212(1) Approval by the minister of a bylaw passed for any of the purposes described in subsection 207(1) constitutes approval of the appropriate notice requirements as prescribed in this Part. (2) A bylaw approved by the minister is not open to question in any court on the ground of inadequate notice. 2007, c P‑13.2, s 212. PART XI Appeals DIVISION 1 Development Appeals Board Interpretation of Part 213 In this Part, “board” means, unless otherwise specified: (a) a local Development Appeals Board; or (b) a District Development Appeals Board if municipalities have authorized an agreement pursuant to subsection 214(3) or are required to do so by subsection 214(5). 2007, c P‑13.2, s 213; 2018, c 27, s 40. Appointment of board 214(1) A council shall appoint not less than three persons to constitute the board for the municipality. (2) A council shall appoint a board within 90 days after the zoning bylaw comes into effect. (3) A council may agree with the council of any other municipality to jointly establish a District Development Appeals Board to have jurisdiction in their municipalities. (4) Subsection (1) does not apply if a council that has been declared an approving authority pursuant to subsection 13(1) has included these matters in a bylaw pursuant to section 26. (5) Notwithstanding subsection (3), a district planning authority described in section 108 or a regional planning authority described in Part VI shall establish a District Development Appeals Board if required to do so by subsection 109(4) or subsection 119.6(4). 2007, c P‑13.2, s 214; 2018, c 27, s 41. 130 c P-13.2 PLANNING AND DEVELOPMENT, 2007 Membership of board 215(1) Subject to subsection (2), the following persons are not eligible to be appointed as a member of a Development Appeals Board for a municipality or to continue to be a member of that board: (a) a member of the council of the municipality; (b) an employee of the municipality; (c) a member or employee of a municipal planning commission, district planning commission, district planning authority or regional planning authority of which the municipality is a member. (2) Notwithstanding clause (1)(a), a District Development Appeals Board may include a combination of members of council from municipalities that are parties to the agreement establishing the District Development Appeals Board and other persons but only if the members of council from a single municipality do not form the majority of the District Development Appeals Board. (3) A member of council who is a member of the District Development Appeals Board shall not hear an appeal respecting a decision made by the member’s municipality. (4) A majority of the members of the District Development Appeals Board constitutes a quorum for hearing the appeal, but if one or more members is disqualified from hearing the appeal pursuant to subsection (3), two members constitute a quorum. (5) This section does not apply if a council that has been declared an approving authority pursuant to subsection 13(1) has included these matters in a bylaw pursuant to section 26. 2007, c P‑13.2, s 215; 2012, c 28, s 37; 2013, c 23, s 11; 2018, c 27, s 42. Board organization 216(1) The council shall determine: (a) the term of office of each member of the board; (b) the manner in which vacancies are to be filled; and (c) the remuneration and expenses, if any, payable to each member. (2) The members of the board shall choose a chairperson from among themselves. (3) The council shall: (a) appoint a secretary of the board; and (b) prescribe the term of office, the remuneration, and duties of the secretary of the board. (4) The board may, subject to the approval of council, appoint any consultants that may be necessary to assist it in the discharge of its responsibilities, and council is responsible for any costs incurred by the board with respect to those appointments. (5) Subject to the other provisions of this Act, the board may adopt rules of procedure to be followed in carrying out its functions. 131 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (6) The Lieutenant Governor in Council may make regulations prescribing rules of procedure for the boards. (7) Every board shall comply with any rules of procedure prescribed by the Lieutenant Governor in Council pursuant to subsection (5). (8) This section does not apply if a council that has been declared an approving authority pursuant to subsection 13(1) has included these matters in a bylaw pursuant to section 26. 2007, c P‑13.2, s 216. Meetings 217(1) Meetings of and hearings by the board are at the call of the secretary in consultation with the chairperson of the board. (2) This section does not apply if a council that has been declared an approving authority pursuant to subsection 13(1) has included these matters in a bylaw pursuant to section 26. 2007, c P‑13.2, s 217. Conflict of interest 218 No member of a board may hear or vote on any decision that relates to a matter with respect to which the member has a conflict of interest or financial interest as described in subsection 2(2). 2007, c P‑13.2, s 218; 2018, c 27, s 43. Right of appeal on zoning bylaw 219(1) In addition to any other right of appeal provided by this or any other Act, a person affected may appeal to the board if there is: (a) an alleged misapplication of a zoning bylaw in the issuance of a development permit; (b) a refusal to issue a development permit because it would contravene the zoning bylaw; or (c) an order issued pursuant to subsection 242(4). (2) Notwithstanding subsection (1), there is no appeal pursuant to clause (1)(b) if a development permit was refused on the basis that the use in the zoning district for which the development permit was sought: (a) is not a permitted use or a permitted intensity of use; (b) is a discretionary use or a discretionary intensity of use that has not been approved by resolution of council; or (c) is a prohibited use. (3) In addition to the right of appeal provided by section 58, there is the same right of appeal from a discretionary use as from a permitted use. 132 c P-13.2 PLANNING AND DEVELOPMENT, 2007 (4) An appellant shall make the appeal pursuant to subsection (1) within 30 days after the date of the issuance of or refusal to issue a development permit, or of the issuance of the order, as the case may be. (5) Nothing in this section authorizes a person to appeal a decision of the council: (a) refusing to rezone the person’s land; or (b) rejecting an application for approval of a discretionary use. 2007, c P‑13.2, s 219. Application to appeal 220(1) An application for appeal to the secretary of the board must be in writing and must: (a) state the reasons for the appeal; (b) summarize the supporting facts for each reason; (c) indicate the relief sought; and (d) include either: (i) the fee prescribed by the Lieutenant Governor in Council in the regulations; or (ii) if no fee is prescribed pursuant to subclause (i), any sum that the board may specify not exceeding $300. (2) For the purposes of subclause (1)(d)(i), the Lieutenant Governor in Council may make regulations: (a) prescribing the fee for an appeal to the board; and (b) for that purpose, establishing categories of appeals and prescribing different fees for different categories. 2007, c P‑13.2, s 220; 2018, c 27, s 44. Determining an appeal 221 In determining an appeal, the board hearing the appeal: (a) is bound by any official community plan in effect; (b) must ensure that its decisions conform to the uses of land, intensity of use and density of development in the zoning bylaw; (c) must ensure that its decisions are consistent with any provincial land use policies and statements of provincial interest; and 133 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (d) may, subject to clauses (a) to (c), confirm, revoke or vary the approval, decision, any development standard or condition, or order imposed by the approving authority, the council or the development officer, as the case may be, or make or substitute any approval, decision or condition that it considers advisable if, in its opinion, the action would not: (i) grant to the applicant a special privilege inconsistent with the restrictions on the neighbouring properties in the same zoning district; (ii) amount to a relaxation so as to defeat the intent of the zoning bylaw; or (iii) injuriously affect the neighbouring properties. 2007, c P‑13.2, s 221. Requirements of board in setting down appeal 222(1) Subject to subsection (2), within 30 days after the receipt of a notice of appeal, the board shall hold a public hearing respecting that appeal. (2) If a board holds regularly scheduled meetings at least once each month, the board may hold a public hearing respecting the appeal at the first or second regularly scheduled meeting following the receipt of the notice of appeal. (3) The board shall, not later than 10 days before the date fixed for hearing the appeal, give notice by personal service, ordinary mail or registered mail to: (a) the appellant; (b) the owner, if the owner and the appellant are not the same person; (c) the council; (d) the assessed owners of property within 75 metres of the boundary of the appellant’s land that is the subject of the appeal; and (e) other owners of property required to be notified pursuant to the zoning bylaw of the municipality. (4) Unless the person to whom the notice is sent proves otherwise, any notice served by ordinary mail pursuant to subsection (3) is deemed to be received: (a) if the delivery is within the municipality, on the third day following the day on which the letter or envelope containing the notice was mailed; or (b) if the delivery is not within the municipality, on the fourth day following the day on which the letter or envelope containing the notice was mailed. (5) In proving service pursuant to subsection (4), the secretary of the board shall file with the board a statutory declaration stating: (a) that the letter or envelope containing the notice was properly addressed and mailed with the postage paid; and (b) the date on which the notice was mailed. 2007, c P‑13.2, s 222. 134 c P-13.2 PLANNING AND DEVELOPMENT, 2007 Additional material considered on appeal 223(1) The appellant shall, not later than five days before the date fixed for hearing the appeal, file with the secretary of the board all supporting documentation, which may include items such as maps, plans, drawings, written material, photos and videos that are intended to be submitted in support of the appeal. (2) If required by the board, the council, or anyone acting for and on behalf of the council, shall transmit to the board, not later than five days before the date fixed for hearing the appeal, the original or true copies of supporting documentation in its possession relating to the subject‑matter of the appeal. (3) The board shall make available for public inspection before the commencement of the hearing of the appeal all relevant documents and materials respecting the appeal, including all of the material required to be submitted pursuant to subsections (1) and (2). 2007, c P‑13.2, s 223. Conduct of hearing 224(1) The hearing of the appeal must be open to the public, and the board shall hear any of the parties mentioned in subsection 222(3) and any other person affected by the appeal who wishes to be heard in favour of or against the appeal. (2) The chairperson of the board or, in the chairperson’s absence, the acting chairperson may administer oaths and affirmations. (3) The board may adjourn any hearing or reserve its decision as it considers advisable. (4) The board shall make and keep a written record of its proceedings, which may be in the form of a summary of the evidence presented to it at the hearing. (5) The written record mentioned in subsection (4) is a public record. 2007, c P‑13.2, s 224. Decision of board 225(1) The board shall render its decision in writing, together with reasons for the decision, within 30 days after the conclusion of the hearing. (2) Every decision of the board approving a proposed development is subject to the following terms and conditions: (a) the board’s approval lapses on the expiration of the period for which the development permit is valid unless the municipality issues a new development permit in accordance with the board’s decision; (b) the board’s decision is specific to the proposed development as outlined in the material and plans submitted to the board. (3) A decision of the majority of the members of the board present and constituting a quorum is a decision of the board, but in the case of a tie vote, the vote is deemed to be a negative vote. 135 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (4) A decision of the board must be signed by: (a) the chairperson; or (b) in the chairperson’s absence, any other board member and the secretary. (5) Within 10 days after the date on which the decision is made, the board shall forward a copy of its decision by personal service or registered mail to the appellant, the municipality, the director and all persons who made representations at the public hearing. (6) Subject to section 226, a decision of the board does not take effect until the expiration of 30 days from the date on which the decision is made. 2007, c P‑13.2, s 225; 2018, c 27, s 45. Appeal from decision of board 226(1) The minister, the council, the appellant or any other person may, within 30 days after the date of receipt of a copy of the decision of the board, file with the Saskatchewan Municipal Board a notice of appeal, in the form and manner established by the Saskatchewan Municipal Board, setting out all the grounds of appeal. (2) If a decision of the board is appealed pursuant to subsection (1), that decision has no effect pending determination of the appeal by the Saskatchewan Municipal Board. (3) In determining an appeal pursuant to this section, the Saskatchewan Municipal Board may: (a) dismiss the appeal; or (b) make any decision with respect to the appeal that the board could have made. (4) The terms and conditions set out in subsection 225(2) apply, with any necessary modification, to a decision of the Saskatchewan Municipal Board made pursuant to clause (3)(b). 2007, c P‑13.2, s 226; 2018, c 27, s 46. Notification of filing and submission of material 227(1) As soon as is practicable after a notice of appeal is filed with the Saskatchewan Municipal Board, the secretary of the Saskatchewan Municipal Board shall provide a copy of the notice of appeal to: (a) the secretary of the board; and (b) every party to the appeal other than the appellant. (2) The secretary of the board shall, within 10 days after receiving a copy of the notice of appeal, forward to the secretary of the Saskatchewan Municipal Board: (a) a copy of the application for appeal to the board; (b) copies of supporting materials filed with the board before the hearing; 136 c P-13.2 PLANNING AND DEVELOPMENT, 2007 (c) copies of supporting materials entered at the board hearing; (d) a copy of the written record of proceedings that took place at the board hearing; and (e) a copy of the written decision of the board. 2018, c 27, s 47. New evidence 227.1(1) The Saskatchewan Municipal Board shall not allow new evidence to be called on appeal unless it is satisfied that: (a) through no fault of the person seeking to call the new evidence, the supporting materials and written record of proceedings mentioned in clauses 227(2)(b) and (d) are incomplete, unclear or do not exist; (b) the board has omitted, neglected or refused to hear or decide an appeal; or (c) the person seeking to call the new evidence has established that relevant information has come to the person’s attention and that the information was not obtainable or discoverable by the person through the exercise of due diligence at the time of the board hearing. (2) If the Saskatchewan Municipal Board allows new evidence to be called pursuant to subsection (1), it may use any power or authority vested in it pursuant to The Municipal Board Act to seek and obtain further information. 2018, c 27, s 47. DIVISION 2 Subdivision Appeals Right of appeal 228(1) Subject to subsection (3), an applicant may appeal the following by filing a notice of appeal with the Saskatchewan Municipal Board in the form and manner established by the Saskatchewan Municipal Board: (a) a refusal of an application for a proposed subdivision; (b) an approval in part of an application for a proposed subdivision; (c) an approval of an application for a proposed subdivision subject to specific development standards issued pursuant to section 130; (d) a revocation of approval of an application for a proposed subdivision; (e) a failure to enter into an agreement pursuant to subsection 172(3) within the specified time limit; (f) an objection by the applicant for subdivision approval to producing any information requested by an approving authority, other than information that is required by the subdivision regulations to accompany the application; (g) in the case of the circumstances described in clause (e), the matter of the terms and conditions of an agreement. 137 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (2) In the case of an appeal pursuant to clause (1)(a), (b), (c) or (d), the person shall file the person’s appeal within 30 days after the date on which the person is served with a copy of the decision of the approving authority. (3) If the council is the approving authority, the applicant shall appeal in the first instance to the Development Appeals Board and may appeal further to the Saskatchewan Municipal Board in accordance with section 226. (4) The council may appeal a decision of the Development Appeals Board as a result of an appeal pursuant to subsection (3) to the Saskatchewan Municipal Board in accordance with section 226. 2007, c P‑13.2, s 228; 2018, c 27, s 48. Reapplication of appealed proposal 229 If an appeal is made pursuant to section 228 with respect to the refusal by an approving authority and the decision of the approving authority is upheld on appeal, no subsequent unaltered application for a proposed subdivision of the same land shall be made within six months after the date of the appeal decision. 2007, c P‑13.2, s 229. Notice of hearing of appeal 230(1) If a notice of appeal pursuant to section 228 is filed, the board receiving the notice shall hold a hearing into the appeal and shall give reasonable notice of the hearing to: (a) the appellant; (b) the approving authority concerned; (c) the municipality in which the land proposed to be subdivided is situated, except where the council is the approving authority; and (d) any other person that the board considers may be affected by the proposed subdivision and should be notified. (2) If the appeal pursuant to section 228 is to be heard by the Development Appeals Board, that board shall hold a hearing on the appeal within 30 days after receiving the notice of the appeal. 2007, c P‑13.2, s 230. Determining an appeal 231(1) Section 221 applies, with any necessary modification, in determining an appeal to the board. (2) Notwithstanding subsection (1), in the case of an appeal to the board relating to the terms and conditions of a servicing agreement described in subsection 172(3), section 176 applies, with any necessary modification. 2007, c P‑13.2, s 231. 138 c P-13.2 PLANNING AND DEVELOPMENT, 2007 Endorsement of subdivision plan 232(1) If on appeal the board hearing the appeal approves an application for subdivision approval, the applicant shall submit the plan of subdivision or other instrument to the approving authority from which the appeal was made for endorsement by the approving authority. (2) If an approving authority fails or refuses to endorse a plan of subdivision or other instrument submitted to it pursuant to subsection (1), the chairperson of the board that heard the appeal may endorse the plan or other instrument. 2007, c P‑13.2, s 232. PART XII Miscellaneous DIVISION 1 General Voluntary dispute resolution 233(1) If disputes arise regarding land use planning issues or subdivision planning matters between municipalities, all the affected parties may refer the matter to the Saskatchewan Municipal Board for mediation. (2) The Saskatchewan Municipal Board shall appoint a mediator to assist the municipalities in resolving the matter in dispute. (3) If mediation fails to resolve the dispute, the affected parties may request the Saskatchewan Municipal Board to hold a hearing and to make a decision to settle the dispute. (4) A decision of the Saskatchewan Municipal Board to settle a dispute is binding and shall be implemented by the parties. 2007, c P‑13.2, s 233. Exemption for public work or public improvement 234(1) Notwithstanding any other provision of this Act, the Lieutenant Governor in Council may, if the Lieutenant Governor in Council considers it to be in the public interest, exempt any public work or public improvement as defined in The Highways and Transportation Act, 1997 from any of the requirements of this Act or the regulations or any official community plan or zoning bylaw. (2) Before issuing an order pursuant to subsection (1), the Lieutenant Governor in Council may refer the matter to the Saskatchewan Municipal Board for consideration and recommendation. 2007, c P‑13.2, s 234. 139 PLANNING AND DEVELOPMENT, 2007 c P-13.2 General powers of council for purpose of carrying out Act, etc. 235(1) For the purpose of carrying out the provisions of this Act and any regulation or bylaw made pursuant to this Act, every council: (a) has and may exercise all the powers conferred on it by the appropriate municipal Act; and (b) may enter into any agreements, not inconsistent with this Act or any regulation or bylaw made pursuant to this Act, that the council considers necessary with any person. (2) An agreement entered into pursuant to clause (1)(b) binds the land mentioned in the agreement and may be protected by registering an interest based on the agreement against the title in the land registry. (3) A council is entitled to enforce the provisions of an agreement entered into pursuant to clause (1)(b) as against the owner and any subsequent owners of that land. 2007, c P‑13.2, s 235. Rules for registered interests 236 Section 63 of The Land Titles Act, 2000 does not apply to an interest registered pursuant to this Act or any former Act. 2007, c P‑13.2, s 236. Minister may charge council 237(1) If the minister, pursuant to this Act, exercises the power of a council, the minister may charge any of the costs of so doing against the municipality. (2) The minister shall deposit all moneys collected pursuant to subsection (1) in the general revenue fund. 2007, c P‑13.2, s 237. Restriction re damages, etc. 238 Notwithstanding any other Act or law, every person is deemed not to suffer any damages, and without restricting the generality of the foregoing, property is deemed not to be injuriously affected or suffer any diminution of value by reason of: (a) the adoption of or amendment of a regional plan, a district plan, an official community plan, a subdivision bylaw or a zoning bylaw; (b) the approval, cancellation or revocation of an approval of a proposed subdivision; or (c) any other action taken pursuant to the authority of this Act or the regulations by the minister, the director, a municipality, a commission, a district planning authority, a regional planning authority, a northern planning authority, or any agent or person acting on his, her or its behalf. 2013, c 23, s 13. 140 c P-13.2 PLANNING AND DEVELOPMENT, 2007 Authorized persons not liable 239 No action or proceeding lies or shall be commenced against a member of a council, a commission, a municipality, a district planning authority, a regional planning authority, a northern planning authority, an employee of a municipality, a planning district, a regional planning area or a planning authority if that person is acting pursuant to the authority of this Act or the regulations, for anything in good faith done, caused or permitted or authorized to be done, attempted to be done or omitted to be done by that person or by any of those persons pursuant to or in the exercise or supposed exercise of any power conferred by this Act or the regulations or in the carrying out or supposed carrying out of any order made pursuant to this Act or any duty imposed by this Act or the regulations. 2013, c 23, s 14. Errors in assessment roll 240 If written notification to an owner is required by this Act, the mailing of notices to the addresses shown in the assessment roll is deemed to be notice in compliance with this Act notwithstanding any errors or omissions in the assessment roll. 2007, c P‑13.2, s 240. Service of notices 241 Unless otherwise provided in this Act, any notice or other document pursuant to this Act that is served by registered mail is deemed to have been served, unless the person to whom the notice or other document is sent proves otherwise: (a) on the third day following the day on which the notice or other document was mailed, if the delivery is within the municipality; or (b) on the fourth day following the day on which the notice or other document was mailed, if the delivery is not within the municipality. 2007, c P‑13.2, s 241. DIVISION 2 Enforcement Enforcement 242(1) A development officer may, at all reasonable times, and with the consent of the owner, operator or occupant, enter any land, building or premises for the purposes of inspection if the development officer has reasonable grounds to believe that any development or form of development on or in the land, building or premises contravenes any provision of this Act, any regulations, any bylaw or any order made pursuant to this Act. 141 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (2) A justice of the peace or a judge of the Provincial Court of Saskatchewan may issue a warrant authorizing a development officer to enter any land, building or premises if satisfied, by information given under oath, that: (a) there are reasonable grounds to believe that the development or form of development on or in the land, building or premises contravenes any provision of this Act, or any regulations, bylaw or order made pursuant to this Act; and (b) the owner, operator or occupant of the land, building or premises has refused consent to the development officer to enter the land, building or premises. (3) A development officer may, with a warrant issued pursuant to subsection (2), enter any land, building or premises named in the warrant. (4) If, after inspection, the development officer determines that the development or form of development contravenes any provision of this Act, any regulations, any bylaw or any order made pursuant to this Act, the development officer may issue a written order to the owner, operator or occupant of the land, building or premises on or in which the development or form of development is located. (5) In a written order made pursuant to subsection (4), the development officer: (a) shall specify the contravention; (b) may direct the person to whom the order is issued to do all or any of the following: (i) discontinue the development or form of development; (ii) alter the development or form of development so as to remove the contravention; (iii) restore the land, building or premises to its condition immediately before the undertaking of the development or form of development; (iv) complete all work necessary to comply with the zoning bylaw; (c) shall set a time in which a direction made pursuant to clause (b) is to be complied with; and (d) shall advise of the right to appeal the order to the Development Appeals Board. (6) An order made pursuant to subsection (4) may be delivered by: (a) registered mail; or (b) personal service. (7) The development officer may register an interest based on an order made pursuant to subsection (4) in the land registry against the affected title. (8) If an interest has been registered against a title pursuant to subsection (7), the order runs with the land and is binding on the registered owner and on any subsequent registered owner of that land. 142 c P-13.2 PLANNING AND DEVELOPMENT, 2007 (9) If an interest has been registered against a title pursuant to subsection (7) and the order made pursuant to subsection (4) has been complied with, the development officer shall discharge that interest. (10) If a person who is required to comply with a direction contained in an order made pursuant to this section, or by the Development Appeals Board or the Saskatchewan Municipal Board on an appeal of an order made pursuant to this section, fails to comply with the direction within the time set out in the order, and the time for an appeal has expired, a development officer may apply to the Court of King’s Bench to order the person to comply with the direction within a time set by the Court of King’s Bench. (11) No person to whom an order is made pursuant to subsection (10) shall fail to comply with the order within the time set out in the order. 2007, c P‑13.2, s 242; 2024, c 4, s 32. Offences and penalties 243(1) No person shall: (a) contravene or refuse or neglect to comply with, fail to do any act or thing required to be done, or suffer or permit any act or thing to be done, in contravention of: (i) a provision of this Act or the regulations or any provision of any other Act that, by this Act, is made applicable to proceedings pursuant to this Act; or (ii) a bylaw, permit or regulation passed by the council, or any approving authority or the minister, or enacted by the minister, pursuant to this Act; or (b) obstruct or interfere with any person in the exercise of that person’s powers or duties pursuant to this Act or any order, regulation or bylaw in force pursuant to this Act. (2) Every person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to: (a) in the case of an individual, a fine of not more than $10,000, to imprisonment for not more than one year or to both; (b) in the case of a corporation, a fine of not more than $25,000; and (c) in the case of a continuing offence, to a maximum daily fine of not more than $2,500 per day or part of a day. 143 PLANNING AND DEVELOPMENT, 2007 c P-13.2 (3) A convicting court imposing a penalty on any person who is guilty of an offence pursuant to subsection (1) may, in addition to imposing the penalty, order the person to observe, perform or carry out any matter or thing that may be necessary to remedy the contravention for which the penalty was imposed. 2007, c P‑13.2, s 243. Limitation of prosecution 244 No prosecution for an offence pursuant to this Act is to be commenced after two years from the date on which the offence is alleged to have been committed or, in the case of a continuing offence, the last date on which the offence was committed. 2007, c P‑13.2, s 244. Regulations 245 For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make regulations: (a) defining, enlarging or restricting the meaning of any word or expression used in this Act but not defined in this Act; (b) governing the procedure to be followed with respect to any proceeding or thing authorized by this Act in any case where the provisions of this Act are, in the opinion of the minister, insufficient or inapplicable; (c) prescribing the fee to be paid to the minister for any service provided by the minister pursuant to this Act and the regulations and, for that purpose, establishing categories of services and prescribing different fees for different categories of services; (d) prescribing any other matter or thing that is required or authorized by this Act to be prescribed in the regulations; (e) respecting any other matter or thing that the Lieutenant Governor in Council considers necessary to carry out the intent of this Act. 2007, c P‑13.2, s 245. DIVISION 3 Repeal and Transitional SS 1983-84, c P-13.1 repealed 246 The Planning and Development Act, 1983 is repealed. 2007, c P‑13.2, s 246. 144 c P-13.2 PLANNING AND DEVELOPMENT, 2007 Municipal and district planning commissions continued 247 Every municipal or district planning commission as established or continued by a former Act and existing on the day before the day on which this Act comes into force is continued insofar as it is not inconsistent with this Act. 2007, c P‑13.2, s 247. Development plans and basic planning statements deemed official community plans 248 Every development plan or basic planning statement established pursuant to a former Act and existing on the day before the day on which this Act comes into force is deemed to be an official community plan and is continued in force pursuant to this section as if that plan or statement was approved pursuant to this Act, insofar as it is not inconsistent with this Act or a provincial land use policy or statement of provincial interest. 2007, c P‑13.2, s 248. Transitional – continuation of certain plans as district plans 248.1(1) In this section, “planning district” means a planning district within the meaning of Division 2 of Part VI. (2) Every development plan for a planning district and every official community plan for an area included in a planning district that was in force on the day before the coming into force of this section: (a) is continued as a district plan as if it were adopted pursuant to section 102 to the extent that it is not inconsistent with this Act or a provincial land use policy or statement of provincial interest; and (b) may be dealt with pursuant to this Act as if it were adopted pursuant to section 102. 2012, c 28, s 38. Interim development control continued 249 Every interim development control bylaw passed by council pursuant to section 106 or 107 of The Planning and Development Act, 1983, as that Act existed on the day before the coming into force of this section, and existing on the day before the day on which this Act comes into force, continues in force for the shorter of the following periods: (a) two years after the date on which the interim development control bylaw is passed; (b) the period in which the council completes a study of a land use planning matter or prepares and adopts an official community plan and a zoning bylaw. 2007, c P‑13.2, s 249. Validity of development permits 250 Every development permit issued pursuant to The Planning and Development Act, 1983, as that Act existed on the day before the coming into force of this section, is deemed for all purposes to have been issued or granted pursuant to this Act. 2007, c P‑13.2, s 250. 145 PLANNING AND DEVELOPMENT, 2007 c P-13.2 Appeals commenced under former Act 251(1) Every appeal commenced pursuant to The Planning and Development Act, 1983, as that Act existed on the day before the coming into force of this section, is to be continued to its conclusion in accordance with the provisions of that Act as if this Act had not come into force and that Act had remained in force. (2) Notwithstanding subsection (1), the Saskatchewan Municipal Board may, in hearing an appeal pursuant to section 103 of The Planning and Development Act, 1983, exercise the powers conferred on that board pursuant to section 231 of this Act. 2007, c P‑13.2, s 251. Zoning appeals board continued 252 Every zoning appeals board established pursuant to a former Act and existing on the day before the day on which this Act comes into force shall function as a Development Appeals Board in accordance with this Act. 2007, c P‑13.2, s 252. Zoning bylaws continued 253 Every zoning bylaw established pursuant to a former Act and existing on the day before the day on which this Act comes into force continues in force insofar as it is not inconsistent with this Act or a provincial land use policy or statement of provincial interest. 2007, c P‑13.2, s 253. Replotting schemes continued 254 Every replotting scheme commenced pursuant to The Planning and Development Act, 1983, as that Act existed on the day before the coming into force of this section, is to be continued to its conclusion in accordance with the provisions of that Act as if this Act had not come into force and that Act had remained in force, but that process must be completed, except for the matter of compensation to be determined by a judge of the Court of Queen’s Bench, within six months after the day on which this section comes into force. 2007, c P‑13.2, s 254. Planned Unit Development, variation 255(1) If a planned unit development was concluded pursuant to The Planning and Development Act, being chapter P‑13 of The Revised Statutes of Saskatchewan, 1978, and an official community plan or zoning bylaw is in force controlling the use of land in the planned unit development, the council may, subject to subsection (2), by bylaw: (a) alter the permitted or discretionary use of any or all land in the planned unit development if the alteration would not contravene any existing official community plan or zoning bylaw; and 146 c P-13.2 PLANNING AND DEVELOPMENT, 2007 (b) adopt zoning regulations providing for the alteration of any site plans of any land in the planned unit development if the alteration would not contravene any existing official community plan or zoning bylaw. (2) Parts V and X of this Act apply with respect to a bylaw passed pursuant to subsection (1). 2007, c P‑13.2, s 255. Revocation of certain approval 256 If approval was given to a proposed plan of subdivision of land pursuant to a former Act before August 12, 1968, the approval is revoked if: (a) the plan of subdivision of land was not registered in the land titles system before the coming into force of The Planning and Development Act, 1983; or (b) in the case of a resort subdivision as designated in The Northern Municipalities Act, 2010, the plan of subdivision of land was not filed in the land titles system before the coming into force of The Planning and Development Act, 1983. 2007, c P‑13.2, s 256; 2010, c N‑5.2, s 460. Agreement, contract, subdivision, etc., continued 257 Every agreement, contract, subdivision, approval or power entered into, undertaken or exercised pursuant to The Planning and Development Act, 1983 and existing on the day before the day on which this Act comes into force continues in force, with any necessary modification, pursuant to this Act until it is amended, repealed or replaced as authorized by this Act or any other Act. 2007, c P‑13.2, s 257. DIVISION 4 Consequential Amendments 258 to 262 Dispensed. These sections make consequential amendments to other Acts. The amendments have been incorporated into the corresponding Acts. DIVISION 5 Coming into Force Coming into force 263 This Act comes into force on assent. 2007, c P‑13.2, s 263. REGINA, SASKATCHEWAN Printed by the authority of THE KING’S PRINTER Copyright©2024