Community Planning and Development Act

Consolidated act
Citation
S.N.W.T. 2011, c.22
Source
Unofficial consolidation PDF (justice.gov.nt.ca)

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

Cites
Cited by
Contents
1. Definitions 1.1. Aboriginal and treaty rights 2. Government bound 3. Purpose 4. Contents 5. Requirements 6. Review 7. Zoning bylaw required 8. Purpose 9. Requirements 10. Effective date 11. Effect of plan 12. Purpose 13. Exception to public hearing requirement 14. Zones and uses 15. Development permits 16. Development authority 17. Designation of land for municipal or public purpose 18. Content of zoning bylaw 19. Lack of satisfactory arrangements 20. Requirement for development agreement 21. Security for compliance 22. Similar uses 23. Variances 24. Further application 25. Requirement to approve 26. Development permit contniued 27. Non- conforming use continued 28. Non- conforming building 29. Change of ownership, tenancy 30. Establishment of appeal board 31. Administrative support 32. Procedure and conduct 33. Designation of municipal corporation 34. Revocation of designation 35. Delegation 36. Director of Planning 37. Subdivision bylaw 38. Establishment of subdivision appeal board 39. Administrative support 40. Procedure and conduct 41. Required approvals 42. Condition: agricultural purposes 43. Application for proposed subdivision 44. Compliance with law 45. Review of application 46. Requirement to submit plan 47. Review of plan 48. Requirement for service agreement 49. Land for roads, public utilities and other purposes 50. Exception 51. Use of land 52. Appointment 53. Prosecutions 54. Entry for inspection 55. Warrant to enter and inspect 56. Search warrant 57. Development officer order 58. Application for order 59. Caveat 60. Debt owed to municipal corporation 61. Appeal of refusal or conditions 62. Appeal of development permit 63. Appeal to appeal board 64. Appeal of refusal of application 65. Notice of appeal 66. Hearing within 30 days 67. Rules of procedure 68. Hearing 69. Decision 70. No appeal 71. Arbitration: refusal of proposed subdivision 72. Parties 73. Record 74. Appointment 75. Compensation limited 76. Requirement 77. Prohibition 78. Punishment 79. Regulations 80. Definition: "former Act" 81. Review of application or plan 82. Charter Communities Act 83. Cities, Towns and Villages Act 84. Condominium Act 85. Hamlets Act 86. Land Titles Act 87. Planning Act 88. Coming into force
Regulations
Community Planning and Development Regulations

The Commissioner of the Northwest Territories, by and with the advice and consent of the Legislative Assembly, enacts as follows:

PART 1

INTERPRETATION

AND APPLICATION

Definitions

1.

(1) In this Act,

"appeal board" means

(a) an appeal board referred to in subsection 30(1), or

(b) for the purposes of sections 64 to 70, a subdivision appeal board if one has been established for a municipal corporation; (commission d’appel)

"area development plan" means an area development plan referred to in section 8, and an amended area development plan or an amendment to an area development plan; (plan d’aménagement régional)

"building" means any structure constructed, under construction or placed on, in or over land, other than a road or a bridge that forms part of a road; (bâtiment)

"Canada Lands Surveyor" means a Canada Lands Surveyor, as defined in section 2 of the Canada Lands Surveyors Act, who holds a licence issued under that Act; (arpenteur des terres du Canada)

"community plan" means a community plan referred to in section 3, and an amended community plan or an amendment to a community plan; (plan directeur)

"council" means the council of a municipal corporation; (conseil)

"development" means

(a) the carrying out of

(i) any construction, including the placement or movement of a building,

(ii) any excavation, or the deposit or movement of soil or other materials, or

(iii) other related operations,

(b) the product of development, as the term is defined in paragraph (a), such as a building or a developed site, or

(c) the making of any change in the use or the intensity of the use of any land or building; (aménagement)

"development agreement" means a development agreement referred to in subsection 20(1); (entente d’aménagement)

"development authority" means a development authority identified in a zoning bylaw in accordance with subsection 16(1); (autorité d’aménagement)

"development officer" means a development officer appointed under section 52; (agent d’aménagement)

"development permit" means a permit issued by a development authority for a development; (permis d’aménagement)

"Director of Planning" means the Director of Planning appointed under subsection 74(1); (directeur de la planification)

"municipal corporation" means

(a) a charter community established or continued under the Charter Communities Act,

(b) a city, town or village established or continued under the Cities, Towns and Villages Act,

(c) a hamlet established or continued under the Hamlets Act; or

(d) a community government established or continued under the Tåîchô Community Government Act. (municipalité)

"municipal subdivision authority" means a municipal corporation that is a subdivision authority; (autorité de lotissement municipale)

"non-conforming building" means a building that,

(a) on the day preceding the day a zoning bylaw affecting it, or the land on which it is or will be situated, takes effect,

(i) has been lawfully constructed or is lawfully under construction, or

(ii) is not yet under construction but has been authorized by a development permit, and

(b) on the day the zoning bylaw takes effect does not, or when constructed will not, conform with it; (bâtiment dérogatoire)

"non-conforming use" means a lawful specific use being made of land or of a building, or intended to be made of land or of a building lawfully under construction, or a building not yet under construction that has been authorized by a development permit,

(a) on the day preceding the day a zoning bylaw affecting the land or the building, or the land on which the building is or will be situated, takes effect, and

(b) that on the day the zoning bylaw takes effect does not, or in the case of a building under construction or not yet under construction will not, conform with it; (usage non conforme)

"plan of subdivision" means

(a) a plan as defined in subsection 1(1) of the Condominium Act,

(b) a plan of survey as defined in section 1 of the Land Titles Act, made and certified correct by a Canada Lands Surveyor, that creates a subdivision and that may be submitted for registration under that Act,

(c) a descriptive plan as defined in section 1 of the Land Titles Act, made and certified correct by a Canada Lands Surveyor, that creates a subdivision and that may be submitted for registration under that Act, or

(d) a plan referred to in paragraph 93(2)(c) of the Land Titles Act; (plan de lotissement)

"service agreement" means a service agreement referred to in subsection 48(1); (entente de services)

"subdivide" means

(a) to divide a lot or other parcel of land,

(b) to consolidate lots or other parcels of land, or

(c) to otherwise rearrange the boundaries of a lot or other parcel of land; (lotir)

"subdivision" means

(a) the division of a lot or other parcel of land,

(b) the consolidation of lots or other parcels of land, or

(c) any other rearrangement of the boundaries of a lot or other parcel of land; (lotissement)

"subdivision appeal board" means a subdivision appeal board referred to in subsection 38(1); (commission d’appel en matière de lotissement)

"subdivision applicant" means

(a) an applicant for approval of a proposed subdivision, or

(b) a person on whose behalf a plan of subdivision is submitted to a subdivision authority for approval; (auteur d’une demande de lotissement)

"subdivision authority" means

(a) a municipal corporation designated as a subdivision authority under subsection 33(1), in the case of subdivisions in an area under its jurisdiction, or

(b) for subdivisions in areas in respect of which a municipal corporation is not designated, the Director of Planning; (autorité de lotissement)

"subdivision bylaw" means a bylaw of council made under subsection 37(1); (règlement de lotissement)

"zoning bylaw" means a bylaw of council made under subsection 12(2). (règlement de zonage)

Definition: "owners and lessees of land"

(2) For the purposes of subsection 14(2) and paragraphs 23(2)(b) and 66(2)(b), "owners and lessees of land" means owners of fee simple estates in land and persons who hold leases of land for terms of at least 10 years. SNWT 2013,c.9,Sch.B,s.2(2).

Aboriginal and treaty rights

1.1.

(1) For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from Aboriginal or treaty rights of the Aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.

Actions and land claims agreement

(2) An action or thing authorized by this Act must be carried out in accordance with any applicable land claims agreement.

Conflict, inconsistency with land claims agreement

(3) If there is a conflict or an inconsistency between a provision of this Act or the regulations and a provision of a land claims agreement or legislation approving, giving effect to and declaring valid a land claims agreement, the provision of the land claims agreement or legislation prevails to the extent of the conflict or inconsistency.

Government bound

2.

This Act binds the Government of the Northwest Territories.

PART 2

MUNICIPAL PLANNING

Community Plans

Purpose

3.

(1) The purpose of a community plan is to provide a policy framework to guide the physical development of a municipality, having regard to sustainability, the environment, and the economic, social and cultural development of the community.

Preparation

(2) Council may initiate the preparation of a community plan for a municipality.

Contents

4.

(1) A community plan must

(a) describe future land uses in the municipality;

(b) incorporate, insofar as is practical, any applicable territorial land use policies and statements of territorial interest;

(c) contain statements of policy respecting the management of any environmentally sensitive lands or lands subject to natural hazards such as flood or slope instability;

(d) address the provision of required transportation systems, public utilities and municipal services and facilities, and address any requirements for land for municipal and public purposes; and

(e) include a schedule of the sequence in which specified areas of land may be developed or redeveloped, and the manner in which the services and facilities referred to in paragraph (d) will be provided in specified areas.

Specific requirements

(2) A community plan must include a map or series of maps showing the land that is affected by the plan and indicating

(a) future land use; and

(b) any land in respect of which policy statements are included under paragraph (1)(c).

Preparation

(3) A community plan must be prepared

(a) on the basis of surveys and studies of land use, population growth, the economic base of the municipality and its needs relating to transportation, communication, public services and social services; and

(b) in consultation with a professional community planner.

Other information and materials

(4) A community plan may

(a) be prepared on the basis of surveys and studies, in addition to those referred to in paragraph (3)(a), relevant to the purpose of the plan; and

(b) include any other written statements, reports, charts and drawings, and other information and materials that may express and illustrate the information contained in the plan.

Requirements

5.

(1) A community plan has no effect unless it is approved by the Minister and adopted by council by bylaw.

Review by Minister

(2) Council may, in accordance with the regulations, submit a community plan to the Minister for review and approval.

First and second reading

(3) A bylaw to adopt a community plan must have received first and second reading before council may submit the plan to the Minister.

Effective date

(4) A community plan takes effect when the bylaw adopting it takes effect.

Exception

(5) Notwithstanding subsection (4), if a zoning bylaw conflicts with an amendment to a community plan, the amendment to the plan is deemed to come into effect on the earlier of

(a) the effective date of an amendment to the bylaw that conforms with the amendment to the plan; and

(b) the day that is six months after the day the amendment to the plan comes into effect.

Documents

(6) All documents, including maps, that constitute a community plan are deemed to be part of the bylaw adopting the plan.

Review

6.

Council shall complete a review of a community plan within eight years after it is first adopted, and thereafter no later than eight years after the completion of each previous review.

Zoning bylaw required

7.

(1) On the adoption of a community plan, council shall proceed under subsection 12(2) to make a zoning bylaw.

Amendment required

(2) Council shall proceed under subsection 12(2) to amend a zoning bylaw if such an amendment is required as a result of the adoption of an amendment to a community plan.

Area Development Plans

Purpose

8.

(1) The purpose of an area development plan is to provide a framework for the subdivision or development of an area of land within a municipality.

Adoption of area development plan

(2) At any time after the adoption of a community plan, council may, by bylaw, adopt an area development plan.

Requirements

9.

(1) An area development plan must

(a) describe the area of the municipality affected by the plan;

(b) describe the current and future land uses for the area, either generally or with respect to specific parts of the area;

(c) describe the population density for the area, either generally or with respect to specific parts of the area;

(d) describe the location of major transportation routes, public utilities and lands set aside for municipal and public purposes;

(e) include a schedule of the sequence in which the land, or specified areas of it, may be developed or redeveloped, and the manner in which the services and facilities referred to in paragraph (d) will be provided in the area or areas; and

(f) address any required acquisition of land for municipal and public purposes.

Redevelop- ment

(2) An area development plan relating to the redevelopment of an area must also describe any plans for the

(a) preservation or improvement of lands or buildings in the area;

(b) rehabilitation of buildings in the area;

(c) removal of buildings from the area;

(d) construction or replacement of buildings in the area; and

(e) establishment, improvement or relocation of roads, public utilities or other services in the area.

Other matters

(3) An area development plan may

(a) describe the manner in which land affected by the plan is to be subdivided;

(b) describe land to be set aside for municipal or public purposes and the particular purpose for which, and manner by which, it is to be set aside; and

(c) address any other matters council considers necessary.

Map required

(4) An area development plan must include a map or series of maps showing the land that is affected by the plan and indicating the proposed subdivision or development of the land.

Effective date

10.

(1) An area development plan takes effect when the bylaw adopting it takes effect.

Documents

(2) All documents, including maps, that constitute an area development plan are deemed to be part of the bylaw adopting the plan.

General

Effect of plan

11.

The adoption by council of a community plan or an area development plan does not require the municipal corporation to implement it, but subject to sections 26, 27 and 28, use and development of land and buildings in the municipality or area must conform with the plan.

Zoning Bylaws

Purpose

12.

(1) The purpose of a zoning bylaw is to regulate and control the use and development of land and buildings in a municipality in a manner that conforms with a community plan, and if applicable, to prohibit the use or development of land or buildings in particular areas of a municipality.

Zoning bylaw

(2) On the adoption of a community plan, council may make a zoning bylaw respecting the use and development of land and buildings in the municipality.

General power

(3) Except to the extent indicated, this Part is not intended to restrict the general power under subsection (2) to make a zoning bylaw.

Community plan

(4) A zoning bylaw must not conflict with a community plan.

Preparation of zoning bylaw

(5) For greater certainty, council may begin the preparation of a zoning bylaw before a community plan is adopted.

Documents

(6) A zoning map and any schedules accompanying or appended to a zoning bylaw are deemed to be part of the bylaw.

Exception to public hearing requirement

13.

Notwithstanding that the Act under which a municipal corporation had been established or continued requires council to hold a public hearing before making a zoning bylaw, council is not required to hold a public hearing before amending the bylaw if the amendments are limited to the correction of errors and do not affect the substance of the bylaw.

Zones and uses

14.

(1) A zoning bylaw must

(a) divide the municipality into zones of the number and area that council considers appropriate;

(b) include a map showing the zones;

(c) specify one or more of the following for each zone:

(i) the permitted uses of land,

(ii) the permitted uses of buildings,

(iii) the uses of land that may be permitted at the discretion of a development authority,

(iv) the uses of buildings that may be permitted at the discretion of a development authority;

(d) describe any conditions that may apply or be imposed with respect to any of the permitted uses under paragraph (c); and

(e) prohibit or otherwise regulate uses of land and buildings that fail to conform with permitted uses.

Notice

(2) A zoning bylaw that, under subparagraph (1)(c)(iii) or (iv), specifies for a zone a use of land or buildings that may be permitted at the discretion of a development authority, must require the development authority to give notice of an application for a development permit for such a use to owners and lessees of land within 30 metres of

(a) the boundary of the land in respect of which an application for a use of land relates; or

(b) the boundary of the land on which a building is situated, in respect of an application for a use of a building.

Development permits

15.

(1) A zoning bylaw must include provisions respecting

(a) the types of development for which permits are required;

(b) the types of development permits that may be issued;

(c) conditions that apply or may be imposed with respect to a type of development permit and conditions that may be imposed with respect to a particular development permit;

(d) the period of time a development permit is in effect;

(e) applications for development permits;

(f) the processing of applications and the issuing of development permits;

(g) the suspension or cancellation of development permits;

(h) how and to whom notice of the approval of an application for a development permit must be given; and

(i) any others matter council considers necessary in respect of applications for and the issuance of development permits.

Amendment or new permit

(2) A zoning bylaw may specify the circumstances under which a development permit may be amended or the circumstances under which a new development permit is required.

Fees

(3) A zoning bylaw may establish fees or other charges in respect of applications and development permits.

Form of application

(4) A zoning bylaw must include a form of application for a development permit.

Development authority

16.

(1) A zoning bylaw must identify either council or a development officer appointed under section 52, or both, as the development authority responsible for

(a) making decisions on applications for each type of development permit; and

(b) other powers and duties of a development authority under this Act, the regulations and the zoning bylaw that relate to the use and development of land and buildings.

Description of circumstances

(2) A zoning bylaw that identifies both council and a development officer as development authorities for a type of development permit, or in respect of other powers and duties, must include provisions respecting the circumstances under which each will act.

Designation of land for municipal or public purpose

17.

(1) A zoning bylaw may designate land in a zone for a municipal or public purpose, such as for the construction of a municipal building or recreation facility, or for the development of a park or trail system.

Requirement to amend bylaw

(2) If a municipal corporation does not own land designated under a zoning bylaw for a municipal or public purpose within six months after the day the land is designated, council must amend the bylaw to remove the designation, unless

(a) the municipal corporation has commenced proceedings to acquire the land and is in the process of acquiring it; or

(b) the land is Commissioner’s land.

Application

(3) The exception in paragraph (2)(a) ceases to apply if the land is not acquired within ninety days after the expiration of the six-month period.

Content of zoning bylaw

18.

(1) A zoning bylaw may include provisions respecting one or more of the following matters, either generally or with respect to any zone or part of a zone:

(a) development design standards;

(b) the minimum or maximum area and the dimensions of lots or other parcels of land in a zone;

(c) the ground area, floor area, height, size and location of buildings;

(d) the placement, arrangement and maintenance of buildings and their relationship to other buildings and to roads and property lines;

(e) the amount of land to be provided around or between buildings;

(f) the landscaping of land or buildings;

(g) the location, height and maintenance of fences and walls;

(h) the establishment and maintenance of off-street or other parking facilities, loading and unloading facilities, other similar facilities, and matters pertaining to the provision of such facilities;

(i) yards, courts and other open spaces around buildings, including the depth, dimensions and area of such spaces, and the maintenance of such spaces;

(j) the design, character and appearance of buildings;

(k) the location, type and amount of access from a lot or other parcel of land to a road;

(l) the lighting of land, buildings or other things;

(m) the enlargement, alteration, repair, removal or relocation of buildings;

(n) the excavation or filling in of land or the removal of topsoil from land;

(o) the cutting of trees;

(p) the preservation of habitat;

(q) the development of buildings

(i) on land subject to flooding or subsidence, or that is low lying, marshy or unstable,

(ii) on land adjacent to or within a specified distance from the shore or bed of a lake, stream or other body of water, or

(iii) on land adjacent to or within a specified distance from an airport;

(r) the construction, placement or use of billboards, signboards or other advertising devices of any kind, and if they are permitted, requirements respecting their height, size and character;

(s) the removal, repair or renovation of billboards, signboards or other advertising devices;

(t) the control of the density of population in the municipality;

(u) outdoor storage of goods, machinery, vehicles, building materials, waste materials or other things.

Off-street parking

(2) A zoning bylaw that requires facilities to be provided for off-street parking may provide that an owner of land to be developed may, subject to the approval of council,

(a) provide the required off-street parking on land other than the land to be developed; or

(b) at the option of the owner and instead of providing off-street parking, pay the municipal corporation an amount of money determined in accordance with the bylaw

(i) in return for equivalent public parking space provided by the municipal corporation elsewhere in the zone, or

(ii) for public transportation to the vicinity of the land to be developed.

Use of money received

(3) Any money received by a municipal corporation under a zoning bylaw made in accordance with paragraph (2)(b) must be allocated to offset the cost of the development or maintenance of municipal off-street parking facilities or public transportation.

Lack of satisfactory arrangements

19.

A zoning bylaw may prohibit the construction of a building on any site where it would otherwise be permitted under the bylaw or a development permit, where a development authority determines that the developer has not made satisfactory arrangements for the supply to the building of water, electric power, sewage and street access, or any of them, including payment of the costs of installing or constructing any such utility by the developer.

Requirement for development agreement

20.

(1) A zoning bylaw may authorize a development authority to require, as a condition of the approval of an application for a development permit, that a person enter into a development agreement with the municipal corporation to do one or more of the following:

(a) construct or pay for the construction of road access to the development;

(b) install or pay for the installation of public utilities;

(c) construct or pay for the construction of off-street parking or loading and unloading facilities;

(d) construct or pay for the construction of pedestrian walkways to serve the development or to connect to a pedestrian walkway system that serves or is proposed to serve an adjacent development;

(e) provide for the placement of any landscaping or other site works associated with a development;

(f) ensure the removal of a development that is permitted for a limited period;

(g) provide or pay for any other service or facility, or provide for any other matter that the development authority considers reasonable in respect of the proposed development.

Caveat

(2) A development agreement may provide that it is an interest of the municipal corporation in the affected land for the purpose of registering a caveat under the Land Titles Act, and the municipal corporation may submit a caveat for registration against the affected certificate of title.

Use and development restricted

(3) On the registration of a caveat,

(a) the development agreement binds the heirs, executors, administrators, assigns, transferees and successors in title of the owner of the land affected by the agreement; and

(b) until the caveat is withdrawn or has lapsed, no use or development of the land or buildings located on it may take place except in accordance with the development agreement.

Security for compliance

21.

A zoning bylaw may include provisions respecting

(a) a requirement for a letter of credit, performance bond or any other form of assurance that a development authority considers necessary to ensure that development is conducted and completed in accordance with any time limits and standards required in a development permit or development agreement;

(b) the circumstances under which a letter of credit, performance bond or other form of assurance may be required; and

(c) procedures for the release of a letter of credit, performance bond or other form of assurance.

Similar uses

22.

A zoning bylaw may authorize a development authority, on an application for a development permit, to

(a) determine whether or not a specific use of land or a building, that is not provided for in the bylaw with respect to a zone, is similar in character and purpose to another use of land or a building that is included, in accordance with paragraph 14(1)(c), in the uses specified in the bylaw for that zone; and

(b) treat an application involving a similar use in the same manner as an application for a development permit in respect of a u s e r e f e r r e d t o i n subparagraph 14(1)(c)(iii) or (iv).

Variances

23.

(1) A zoning bylaw may authorize a development authority to approve an application for a development permit in respect of a proposed development that does not fully conform with the bylaw, if the development authority is satisfied that the proposed development would not

(a) unduly interfere with the amenities of the neighbourhood; or

(b) detract from the use, enjoyment or value of neighbouring parcels of land.

Requirements

(2) A zoning bylaw that authorizes the approval of an application for a development permit under circumstances referred to in subsection (1) must require the following:

(a) the applicant to specify in the application the ways in which the development would not fully conform with the bylaw;

(b) the development authority to give notice of the application to owners and lessees of land within 30 metres of the boundary of the land in respect of which the application relates.

Further application

24.

A zoning bylaw may provide that when an application for a development permit is refused, another application with respect to the lot or other parcel on which the development would have been carried out may not be made by the applicant, or another applicant, for the same or a similar use, until the expiration of the time fixed in the bylaw.

Approval of Applications for

Development Permits

Requirement to approve

25.

(1) A development authority shall, subject to any applicable conditions, approve an application for a development permit for a use specified in a zoning bylaw as a permitted use of land or of a building, as referred to in subparagraph 14(1)(c)(i) or (ii) of this Act, if the development authority is satisfied that the applicant meets all the requirements of the bylaw.

Approval at discretion of development authority

(2) A development authority may, subject to any applicable conditions, approve an application for a development permit for a use of land or a building specified in a zoning bylaw as a use that may be permitted at the discretion of a development authority, as referred to in subparagraph 14(1)(c)(iii) or (iv) of this Act, if the development authority is satisfied that all the requirements of the bylaw are met.

Further authority to approve

(3) A development authority may, subject to any applicable conditions, approve an application for a development permit in respect of a development that does not fully conform with a zoning bylaw, or an application that relates to a non-conforming building or a non-conforming use, if such application is allowed in the bylaw.

Decision in writing

(4) A decision of a development authority on an application for a development permit must be in writing and a copy of it must be given to the applicant.

Reasons for refusal

(5) If a development authority refuses an application for a development permit, the decision must include reasons.

Effect of Zoning Bylaw on Use and Development

Development permit contniued

26.

Notwithstanding that the coming into force of a zoning bylaw makes a development authorized by a development permit unlawful, the development permit continues in effect in accordance with its terms if the application for the development permit had been approved on or before the day the bylaw took effect.

Non- conforming use continued

27.

(1) Subject to subsection (2), after a zoning bylaw creating a non-conforming use of land or of a building takes effect, the use may be continued.

Discontinued use

(2) Subsection (1) does not apply in respect of a non-conforming use that is discontinued for a period of more than one year.

Part of building

(3) Subject to subsection (4), a non-conforming use of part of a building may be extended throughout the building.

Restriction

(4) If a non-conforming use is extended to other parts of a building, including a building that conforms with a zoning bylaw, the building may not be enlarged or added to, and no structural alterations may be made to it until the non-conforming use ceases, except

(a) in the case of a non-conforming building, to make it conform with the bylaw; or

(b) to rebuild part of the building or to repair it, if the development authority considers it necessary for public safety or to preserve the value of the building.

Non- conforming building

28.

(1) After a zoning bylaw takes effect resulting in a building becoming a non-conforming building,

(a) a building already constructed may, subject to subsection (2), continue to be used;

(b) a building under construction may be completed in accordance with the development permit authorizing it, and may be used, but after construction it is subject to subsection (2); and

(c) a building not yet under construction may be constructed in accordance with the development permit authorizing it, and may be used, but after construction it is subject to subsection (2).

Restrictions

(2) A non-conforming building may not be enlarged, added to, rebuilt or structurally altered except

(a) to make it conform with the zoning bylaw;

(b) in accordance with a zoning bylaw that, under section 23 of this Act, authorizes the development authority to approve an application for a development permit that relates to a non-conforming building; or

(c) to rebuild part of the building, or to repair it, if the development authority considers it necessary for public safety or to preserve the value of the building.

Extensive damage

(3) A non-conforming building that is damaged or destroyed to an extent exceeding 75% of the building above its foundation, may not be repaired or rebuilt except in accordance with a zoning bylaw.

Change of ownership, tenancy

29.

For greater certainty, a change of ownership or tenancy of land or a building does not affect the application of sections 26, 27 and 28.

Appeal Board

Establishment of appeal board

30.

(1) A zoning bylaw must establish an appeal board to be composed of at least three members,

(a) each appointed by resolution of council for a three-year term; and

(b) one of whom is to be designated as chairperson by the members of the appeal board.

Vice- chairperson, acting chairperson

(2) A zoning bylaw may provide for the designation of a vice-chairperson or acting chairperson of the appeal board.

Council members

(3) No more than one council member may be appointed to the appeal board.

Disqualifica- tion

(4) A council member who participated in a decision made by council as a development authority or subdivision authority may not hear an appeal of that matter.

Employee not eligible

(5) An employee of a municipal corporation is not eligible to be a member of the appeal board.

Removal

(6) A member of the appeal board may only be removed for cause or if he or she becomes ineligible under subsection (5).

Administrative support

31.

A municipal corporation shall fund and provide administrative support to an appeal board.

Procedure and conduct

32.

(1) A zoning bylaw must include provisions respecting the conduct of the business of the appeal board, including provisions respecting hearings, procedure, tie votes, and the recording of proceedings.

Filing fee

(2) A zoning bylaw may require the payment of a filing fee by a person making an appeal to the appeal board.

Power to increase times

(3) A zoning bylaw may increase the times fixed in subsections 61(4), 62(3), 63(2) and 64(3) for commencing appeals to the appeal board.

PART 3

SUBDIVISION OF LAND

Subdivision Authorities

Designation of municipal corporation

33.

(1) On request by the council of a municipal corporation that meets the requirements of subsection (3), the Minister may, by order, designate the municipal corporation as a subdivision authority for approving applications respecting subdivisions within the area under its jurisdiction.

Terms and conditions

(2) The Minister may, in an order designating a municipal corporation as a subdivision authority, impose any terms and conditions that the Minister considers appropriate.

Requirements

(3) To be designated as a subdivision authority, a municipal corporation must

(a) have a community plan and be in compliance with review requirements under section 6;

(b) have a zoning bylaw;

(c) employ or retain the services of a professional community planner; and

(d) employ or retain the services of a Canada Lands Surveyor.

Notice to Minister

(4) Council shall, in writing, notify the Minister as soon as is reasonably practicable if the municipal corporation ceases to meet the requirements of paragraph (3)(c) or (d).

Revocation of designation

34.

(1) The Minister shall, by order, revoke the designation of a municipal corporation as a subdivision authority if the municipal corporation ceases, for a period exceeding six consecutive months, to meet the requirements of subsection 33(3).

Terms and conditions

(2) The Minister may, by order, if the municipal corporation ceases at any time to meet the requirements of subsection 33(3), revoke or impose terms and conditions on the designation of a municipal corporation as a subdivision authority.

Notice

(3) The Minister shall provide notice to a municipal corporation before making an order revoking a designation under subsection (2).

Delegation

35.

The council of a municipal subdivision authority may, by bylaw, delegate to an officer appointed by council, any of the powers or duties of a subdivision authority under this Act, the regulations or a subdivision bylaw.

Director of Planning

36.

The Director of Planning is the subdivision authority for approving applications respecting subdivisions for areas that are not under the jurisdiction of a municipal subdivision authority.

Subdivision Bylaws

Subdivision bylaw

37.

(1) The council of a municipal subdivision authority may make a bylaw respecting the subdivision of land.

General power

(2) Except to the extent indicated, this Part is not intended to restrict the general power under subsection (1) to make a subdivision bylaw.

Applications

(3) A subdivision bylaw must include provisions respecting applications for approval of proposed subdivisions, and respecting the submission of plans of subdivision for approval, including

(a) the procedure for applications and submissions;

(b) the form of applications; and

(c) information and materials required in support of applications and submissions.

Other provisions

(4) A subdivision bylaw may include provisions respecting

(a) requirements and criteria for subdivision;

(b) the imposition of terms and conditions for approval of proposed subdivisions or plans of subdivision;

(c) fees and other charges in respect of applications for approval of proposed subdivisions and submissions of plans of subdivision for approval;

(d) the restriction of further applications for approval of a proposed subdivision of a particular lot or other parcel of land, within a specified period of time after refusal of an application in respect of the parcel;

(e) how and to whom an application for a proposed subdivision must be provided; and

(f) how and to whom notice of approval of a proposed subdivision must be provided.

Conflict with other laws

(5) A subdivision bylaw must not conflict with a community plan, area development plan or zoning bylaw, or with this Act or the regulations.

Establishment of subdivision appeal board

38.

(1) The council of a municipal subdivision authority may establish, by subdivision bylaw, a subdivision appeal board to hear appeals of refusals by the subdivision authority to approve proposed subdivisions, and appeals of rejections by the subdivision authority of plans of subdivision.

Appeal board

(2) For greater certainty, the appeal board referred to in subsection 30(1) is the appeal board for hearing appeals referred to in subsection (1), unless the council of the municipal subdivision authority establishes a subdivision appeal board.

Members

(3) A subdivision appeal board must be composed of at least three members,

(a) each appointed by resolution of council for a three-year term; and

(b) one of whom is to be designated as chairperson by the members of the subdivision appeal board.

Vice- chairperson, acting chairperson

(4) A subdivision bylaw may provide for the designation of a vice-chairperson or acting chairperson of the subdivision appeal board.

Council members

(5) No more than one council member may be appointed to a subdivision appeal board.

Disqualifi- cation

(6) A council member who participated in a decision made by council as a subdivision authority may not hear an appeal of that matter.

Employee not eligible

(7) An employee of a municipal corporation is not eligible to be a member of a subdivision appeal board.

Removal

(8) A member of a subdivision appeal board may only be removed for cause or if he or she becomes ineligible under subsection (7).

Administrative support

39.

A municipal corporation shall fund and provide administrative support to a subdivision appeal board.

Procedure and conduct

40.

(1) A subdivision bylaw that establishes a subdivision appeal board must include provisions respecting the conduct of the business of the board, including provisions respecting hearings, procedure, tie votes, and the recording of proceedings.

Filing fee

(2) A subdivision bylaw may require the payment of a filing fee by a person making an appeal to the subdivision appeal board.

Power to increase time

(3) A subdivision bylaw may increase the time fixed in subsection 64(3) for commencing an appeal to the subdivision appeal board.

Subdivision Approvals

Required approvals

41.

The following approvals are required for the subdivision of land:

(a) approval of the proposed subdivision by the subdivision authority under subsection 45(2), or by a person or body on appeal;

(b) approval of a plan of subdivision by the subdivision authority under subsection 47(2), or by a person or body on appeal.

Restriction

Condition: agricultural purposes

42.

A parcel of land acquired subject to a condition that it be used for agricultural purposes, or for agricultural and other purposes, may not be subdivided except in accordance with the regulations.

Proposed Subdivisions

Application for proposed subdivision

43.

(1) A person who proposes to subdivide land may apply to the subdivision authority for approval of a proposed subdivision.

Commis- sioner’s land

(2) An application in respect of the proposed subdivision of Commissioner’s land must be authorized by the Commissioner or his or her authorized agent under the Commissioner’s Land Act.

Other land

(3) An application in respect of the proposed subdivision of land other than Commissioner’s land must be authorized by the owner of the fee simple interest in the land.

Manner

(4) An application must be made in accordance with the applicable regulations or subdivision bylaw.

Compliance with law

44.

(1) A proposed subdivision must conform with the Act, the regulations and any applicable bylaws.

Suitability of land

(2) A subdivision authority may refuse an application for a proposed subdivision if the subdivision authority is not satisfied that the land to be subdivided is suitable for the purposes for which the subdivision is intended.

Community plan

(3) A proposed subdivision in a municipality with a community plan must conform with the community plan and, if applicable, the area development plan.

Suitability of subdivision

(4) A subdivision authority may refuse an application for a proposed subdivision in a municipality without a community plan if the subdivision authority is not satisfied that the proposed subdivision is suitable for the community.

Review of application

45.

(1) A subdivision authority shall review and decide on an application for a proposed subdivision as soon as is reasonably practicable.

Approval or refusal

(2) A subdivision authority may approve or refuse an application for a proposed subdivision and shall, as soon as is reasonably practicable,

(a) notify the subdivision applicant in writing of the approval or refusal; and

(b) if an application for a proposed subdivision is refused, provide the subdivision applicant with written reasons for the refusal and advise him or her of the right to appeal under

(i) subsection 64(1), in the case of a refusal by a municipal subdivision authority, or

(ii) subsection 71(1), in the case of a refusal by the Director of Planning.

Expiry of approval

(3) Approval under subsection (2) expires one year after the day the proposed subdivision is approved, if a plan of subdivision that conforms with the approval has not been submitted under section 46 within that time.

Submission and Approval of Plan of Subdivision

Requirement to submit plan

46.

Within one year after the day a proposed subdivision is approved under subsection 45(2), a plan of subdivision that conforms with the proposed subdivision must be submitted to the subdivision authority for approval.

Review of plan

47.

(1) A subdivision authority shall review a plan of subdivision as soon as is reasonably practicable after it is submitted.

Approval of plan

(2) A subdivision authority that is satisfied that a plan of subdivision conforms with the approval of a proposed subdivision under subsection 45(2) shall approve the plan.

Rejection of plan

(3) A subdivision authority that is not satisfied that a plan of subdivision conforms with the approval of a proposed subdivision under subsection 45(2) may reject the plan.

Notice

(4) A subdivision authority that rejects a plan of subdivision shall, as soon as is reasonably practicable,

(a) notify the subdivision applicant in writing of the rejection; and

(b) provide the subdivision applicant with written reasons for the rejection and advise him or her of the right to appeal under

(i) subsection 64(2), in the case of a rejection by a municipal subdivision authority, or

(ii) subsection 71(2), in the case of a rejection by the Director of Planning.

Service Agreements and Lands for

Municipal and Public Purposes

Requirement for service agreement

48.

(1) A subdivision bylaw may authorize a municipal subdivision authority to require, as a condition of the approval of a proposed subdivision, that a person enter into a service agreement with the municipal corporation to do one or more of the following when the land is developed:

(a) construct or pay for the construction of road access to the development;

(b) install or pay for the installation of public utilities;

(c) construct or pay for the construction of off-street parking or loading and unloading facilities;

(d) construct or pay for the construction of pedestrian walkways to serve the development or to connect to a pedestrian walkway system that serves or is proposed to serve an adjacent development;

(e) provide for the placement of any landscaping or other site works associated with a development;

(f) provide or pay for any other service or facility, or provide for any other matter that the subdivision authority considers reasonable in respect of the proposed development.

Relation to development agreement

(2) A requirement for a development agreement under subsection 20(1) may be imposed in addition to a requirement for a service agreement under subsection (1).

Caveat

(3) A service agreement may provide that it is an interest of the municipal corporation in the affected land for the purpose of registering a caveat under the Land Titles Act, and the municipal corporation may submit a caveat for registration against the affected certificate of title.

Use and development restricted

(4) On the registration of a caveat,

(a) the service agreement binds the heirs, executors, administrators, assigns, transferees and successors in title of the owner of the land affected by the agreement; and

(b) until the caveat is withdrawn or has lapsed, no use or development of the land or buildings located on it may take place except in accordance with the service agreement.

Land for roads, public utilities and other purposes

49.

(1) A subdivision bylaw may authorize a municipal subdivision authority to require the owner of land to be subdivided to convey to the municipal corporation from that land, without compensation, and in accordance with the bylaw,

(a) land for roads and public utilities, for the purpose of providing suitable access and public services to all lots or other parcels of land in the subdivision; and

(b) land for municipal and public purposes.

Area of land

(2) Subject to subsection (3), the required areas of land for municipal and public purposes must not exceed 10% of the land being subdivided.

Further land

(3) A subdivision bylaw may authorize the municipal subdivision authority to require that areas of a parcel of land to be subdivided that are unsuitable for building sites or private uses, such as swamps, gullies, ravines or natural drainage courses, be conveyed to the municipal corporation in addition to the land referred to in subsections (1) and (2).

Exception

50.

A subdivision bylaw may authorize a municipal subdivision authority to

(a) order that the requirement to convey land in an amount set out in the order be deferred to a later date or until a further subdivision is made; or

(b) order that the requirement to convey land be waived in full or in part.

Use of land

51.

(1) Subject to subsection (2), land referred to in paragraph 49(1)(b) that is conveyed to a municipal corporation may only be used for a municipal or public purpose.

Sale or lease

(2) If the municipal corporation is satisfied that the land is not required for a municipal or public purpose, the municipal corporation may lease or sell any portion of it.

PART 4 ENFORCEMENT AND APPEALS

DIVISION A - INSPECTION, INVESTIGATION AND ENFORCEMENT

Development Officers

Appointment

52.

Council may appoint one or more development officers for the administration and enforcement of this Act, the zoning bylaw and if applicable, the subdivision bylaw.

Prosecutions

53.

A development officer may represent the municipal corporation before a justice of the peace in the prosecution of a person charged with an offence under this Act, the regulations, the zoning bylaw or if applicable, the subdivision bylaw.

Inspection

Entry for inspection

54.

(1) A development officer or other authorized officer of a municipal corporation may, for the purpose of making an inspection required for the preparation of a community plan, area development plan or zoning bylaw, or an inspection in relation to compliance with this Act, the regulations, a zoning bylaw, a subdivision bylaw or an order made under one of them, without a warrant,

(a) enter any land or building at any reasonable time and carry out the inspection;

(b) require anything to be produced to assist in the inspection; and

(c) make copies of anything related to the inspection.

Identification

(2) The development officer or other authorized officer of the municipal corporation shall, on request, display or produce identification showing that he or she is authorized to make the entry.

Dwelling place

(3) Notwithstanding paragraph (1)(a), the development officer or other authorized officer of the municipal corporation shall not enter the occupied portion of a dwelling place without the consent of the occupier or the authority of a warrant.

Warrant to enter and inspect

55.

(1) If, on ex parte application, a justice of the peace is satisfied by information on oath or affirmation that there are reasonable grounds to believe that

(a) entry and inspection are required for a purpose referred to in subsection 54(1), and

(b) a person has obstructed or interfered with the entry or inspection referred to in subsection 54(1), or has failed or refused to consent in respect of entry referred to in subsection 54(3),

the justice may issue a warrant, subject to any terms or conditions he or she considers appropriate, authorizing a development officer or other authorized officer of a municipal corporation and any person assisting the officer, to enter and inspect the land or building.

Authorization

(2) A warrant issued under subsection (1) is sufficient authority for any development officer or other authorized officer of the municipal corporation and any person assisting the officer, to enter and inspect the land or building in accordance with the terms and conditions specified in the warrant.

Investigation and Warrant

Search warrant

56.

(1) If, on ex parte application, a justice of the peace is satisfied by information on oath or affirmation that there are reasonable grounds to believe that there is in a place anything

(a) by means of which or in respect of which an offence under this Act, the regulations, a zoning bylaw or a subdivision bylaw has been or is suspected to have been committed, or

(b) that there are reasonable grounds to believe will afford evidence with respect to the commission of an offence, or will reveal the whereabouts of a person who is believed to have committed an offence under this Act, the regulations, a zoning bylaw or a subdivision bylaw,

the justice may issue a warrant, subject to any terms or conditions he or she considers appropriate, authorizing a development officer or other authorized officer of a municipal corporation and any person assisting the officer,

(c) to enter a place and search the place for any such thing, and

(d) to seize the thing and as soon as is reasonably practicable to bring it before, or to make a report in respect of it to the justice or another justice.

Authorization

(2) A warrant issued under subsection (1) is sufficient authority for any development officer or other authorized officer of the municipal corporation and any person assisting the officer, to execute the warrant and to deal with anything seized in accordance with the terms and conditions specified in the warrant or as otherwise provided by law.

Things seized

(3) Sections 489.1 and 490 of the Criminal Code apply with such modifications as the circumstances require in respect of things seized under a warrant issued under subsection (1).

Enforcement of Use and Development Requirements

Development officer order

57.

(1) A development officer who determines that a development, or a use of land or of a building, contravenes this Act, the regulations, a zoning bylaw or a development permit, may issue a written order to the owner of the land or building where the development is located or being carried out, or where the use is occurring, or to the person alleged to be responsible for the contravention.

Contents of order

(2) In an order under subsection (1), the development officer

(a) shall specify the contravention;

(b) may direct the person to whom the order is issued to do one or more of the following:

(i) stop the development in whole or in part as specified in the order,

(ii) alter the development,

(iii) demolish, remove or replace the development,

(iv) restore the land or building to the condition it was in immediately before the undertaking of the development,

(v) stop the use of the land or building in whole or in part as specified in the order, or

(vi) take any other actions required by the order so that the development, the use of land, or the use of the building conforms with this Act, the regulations, a zoning bylaw or a development permit;

(c) shall fix the time in which a direction made under paragraph (b) must be complied with; and

(d) shall advise of the right of appeal under subsection 63(1).

Service

(3) An order made under subsection (1) may be served by

(a) personal service;

(b) registered mail; or

(c) such other method as may be authorized by the regulations.

Application for order

58.

(1) A municipal corporation may apply to the Supreme Court for an order requiring a person to comply with

(a) a direction in an order of a development officer made under subsection 57(1), if the person fails to comply within the time fixed in the order, and the time for an appeal to the appeal board has expired; or

(b) a direction in an order of an appeal board, if the person fails to comply.

Order

(2) The Supreme Court may make an order requiring a person to comply with a direction in an order of a development officer or an appeal board and shall, in its order, fix the time in which the direction must be complied with.

Requirement to comply

(3) A person shall comply with a direction within the time fixed by the Supreme Court.

Enforcement of order

(4) If a person fails to comply within the time fixed in the order of the Supreme Court, the municipal corporation may, on service of notice on the owner or occupier of the affected land or building, enter on the land or in the building and take any action necessary to carry out the order.

Reasonable force

(5) A development officer or other authorized officer of a municipal corporation may use reasonable force to remove a person from land or a building to carry out the requirements of an order of the Supreme Court.

Caveat

59.

(1) An order of the Supreme Court referred to in subsection 58(2) is an interest of the municipal corporation in the affected land for the purpose of registering a caveat under the Land Titles Act, and the municipal corporation may submit a caveat for registration against the affected certificate of title.

Use and development restricted

(2) On the registration of a caveat,

(a) the order binds the heirs, executors, administrators, assigns, transferees and successors in title of the owner of the land affected by the order; and

(b) until the caveat is withdrawn, no use or development of the land or buildings located on it may take place except in accordance with the order.

Withdrawal

(3) A municipal corporation shall withdraw the caveat when the order of the Supreme Court has been complied with.

Debt owed to municipal corporation

60.

Any expenses and costs of an action taken by a municipal corporation under subsection 58(4) to carry out an order of the Supreme Court are a debt owing to the municipal corporation by the person required by the order to comply, and may be recovered from the person in default by civil action for debt, or by charging it against real property of which the person is the owner in the same manner as arrears of property taxes under the Property Assessment and Taxation Act.

DIVISION B - APPEALS

Development Appeals

Appeal of refusal or conditions

61.

(1) A person whose application to a development authority for a development permit is refused, or who is approved for a development permit subject to a condition that he or she considers to be unreasonable, may appeal the refusal or the condition to the appeal board.

Exception

(2) A condition that is required by a zoning bylaw to be on a development permit is not subject to appeal under subsection (1).

Application deemed refused

(3) For the purposes of subsection (1), an application to a development authority for a development permit is, at the option of the applicant, deemed to be refused if the decision of the development authority is not made within 40 days after the day the application is received in its complete and final form.

Commencing development appeal

(4) An appeal under subsection (1) must be commenced by providing a written notice of appeal to the appeal board within 14 days after the day the application for a development permit is approved or refused.

Appeal of development permit

62.

(1) A person other than an applicant for a development permit may only appeal to the appeal board in respect of an approval of an application for a development permit on the grounds that the person is adversely affected and

(a) there was a misapplication of a zoning bylaw in the approval of the application;

(b) the proposed development contravenes the zoning bylaw, the community plan or an area development plan;

(c) the development permit relates to a use of land or a building that had been permitted at the discretion of a development authority;

(d) the application for the development permit had been approved on the basis that the specific use of land or the building was similar in character and purpose to another use that was included in a zoning bylaw for that zone;

(e) the application for the development permit had been approved under circumstances where the proposed development did not fully conform with a zoning bylaw; or

(f) the development permit relates to a non-conforming building or non-conforming use.

Restriction

(2) For greater certainty, an appeal respecting the approval of an application for a development permit for a use specified in a zoning bylaw as a permitted use of land or a building, as referred to in subparagraph 14(1)(c)(i) or (ii) of this Act, may only be made if there is an alleged misapplication of the bylaw in the approval of the application.

Commencing appeal of permit

(3) An appeal under subsection (1) must be commenced by providing a written notice of appeal to the appeal board within 14 days after the day the application for the development permit is approved.

Appeal of Order

Appeal to appeal board

63.

(1) A person who is subject to an order issued by a development officer under subsection 57(1) of this Act, or under a zoning bylaw, may appeal the order to the appeal board.

Commencing appeal of order

(2) An appeal under subsection (1) must be commenced by providing a written notice of appeal to the appeal board within 14 days after the day the order of the development officer is served on the person.

Subdivision Appeals

Appeal of refusal of application

64.

(1) A person whose application under subsection 43(1) to a municipal subdivision authority for approval of a proposed subdivision is refused, may appeal the refusal to the appeal board.

Appeal of rejection of plan

(2) A person whose plan of subdivision, submitted to a municipal subdivision authority under section 46, is rejected, may appeal the rejection to the appeal board.

Commencing subdivision appeal

(3) An appeal under subsection (1) or (2) must be commenced within 30 days after the day an application for approval of a proposed subdivision is refused or a plan of subdivision is rejected.

Appeal Board Procedure,

Evidence and Hearing

Notice of appeal

65.

(1) A notice of appeal to the appeal board must

(a) state the reasons for the appeal;

(b) summarize the supporting facts for each reason;

(c) indicate the relief sought; and

(d) if applicable, be submitted with the filing fee required by the zoning bylaw.

Person adversely affected

(2) A notice of appeal by a person appealing the approval of an application for a development permit under subsection 62(1) must state how he or she is adversely affected.

Hearing within 30 days

66.

(1) The appeal board shall commence hearing an appeal within 30 days after the day the notice of appeal is received, and shall complete the hearing as soon as is reasonably practicable.

Notice

(2) The appeal board shall ensure that reasonable notice of a hearing is served on

(a) the appellant;

(b) owners and lessees of land within 30 metres of the boundary of the land in respect of which the appeal relates;

(c) the development authority, in the case of an appeal of a decision of a development authority;

(d) the development authority and the development officer, in the case of an appeal of an order of a development officer; and

(e) the municipal subdivision authority, in the case of an appeal of a decision of a municipal subdivision authority.

Service

(3) Notice of a hearing may be served by

(a) personal service;

(b) registered mail; or

(c) such other method as may be authorized by the regulations.

Rules of procedure

67.

(1) Subject to this Act, the regulations and the zoning bylaw, an appeal board may establish rules of procedure for appeals.

Evidence

(2) Subject to the regulations, evidence may be given before the appeal board in any manner that it considers appropriate, including by telephone or by an audiovisual method, and the appeal board is not bound by the rules of evidence pertaining to actions and proceedings in courts of justice, but may proceed to ascertain the facts in the manner that it considers appropriate.

Oaths, affirmations

(3) The chairperson of the appeal board may administer oaths and affirmations, or in his or her absence an acting chairperson or vice-chairperson may do so.

Quorum

(4) A majority of members of the appeal board constitute a quorum for hearing an appeal, but subject to subsection (5), if a member is disqualified from hearing the matter or becomes unable to continue with a hearing, the appeal board may, in the absence of the member or members, conduct or continue the hearing with less than a majority.

Requirement

(5) An appeal board may not conduct or continue a hearing with fewer than three members.

Hearing public

(6) A hearing of the appeal board must be open to the public.

Hearing

68.

(1) At a hearing, the appeal board shall provide the persons referred to in subsection 66(2) with the opportunity to be heard, and may hear from any other persons that it considers necessary.

Absence of person

(2) The appeal board may, on proof of service of notice of a hearing on a person referred to in subsection 66(2), proceed with the hearing in the absence of the person and determine the appeal in the same manner as if that person had attended.

Decision of Appeal Board

Decision

69.

(1) The appeal board may confirm, reverse or vary a decision appealed, and may impose conditions that it considers appropriate in the circumstances.

Conflict with plans

(2) A decision of the appeal board on an appeal must not conflict with a zoning bylaw, subdivision bylaw, community plan or area development plan.

Time limit

(3) The appeal board shall, within 60 days after the day on which a hearing is concluded, issue a written decision with reasons and provide a copy of the decision to the appellant and other parties to the appeal.

Signature

(4) Decisions and other documents may be signed on behalf of the appeal board by the chairperson or by an acting chairperson or vice-chairperson, and when so signed may be admitted in evidence as proof of the decision or document without proof of the signature or the designation.

Decision public record

(5) A decision of the appeal board is a public record.

No appeal

70.

A decision of the appeal board is final and binding on all parties and is not subject to appeal.

Subdivision Appeal to Arbitrator

Arbitration: refusal of proposed subdivision

71.

(1) If an application to the Director of Planning under subsection 43(1) for approval of a proposed subdivision is refused, the subdivision applicant may initiate an arbitration for the purpose of determining an appeal of the refusal.

Arbitration: rejection of plan of subdivision

(2) If a plan of subdivision submitted to the Director of Planning under section 46 is rejected, the subdivision applicant may initiate an arbitration for the purpose of determining an appeal of the rejection.

Manner and time

(3) An arbitration must be initiated by serving written notice on the Director within 30 days after the day an application for approval of a proposed subdivision is refused or a plan of subdivision is rejected.

Arbitration Act applies

(4) Subject to this section, sections 72 and 73 and the regulations, the Arbitration Act applies to an arbitration under this Act.

Parties

72.

(1) The parties to an arbitration are the subdivision applicant and the Director of Planning.

Appointment of arbitrator

(2) An arbitration under this Act must be conducted by a single arbitrator appointed by the parties on their concurrence in respect of the choice of arbitrator, or appointed under section 15 of the Arbitration Act in the event the parties have not so concurred. SNWT 2022,c.14,s.75(2).

Record

73.

(1) The Director of Planning shall, at least 14 days before the hearing of the arbitration, provide to the arbitrator and to the subdivision applicant a record of all documents and other records relating to the Director’s review of and refusal to approve the proposed subdivision, or to his or her review and rejection of the plan of subdivision.

Timing of award

(2) An arbitrator shall make his or her award in writing

(a) within 30 days after the conclusion of the hearing of the arbitration; or

(b) within such longer period of time, not exceeding 90 days after the conclusion of the hearing, as the parties have agreed in writing.

Costs

(3) Each party shall, subject to subsection 52(3) of the Arbitration Act, pay its own costs and one-half the fees payable to and costs incurred by the arbitrator.

No appeal

(4) The award of an arbitrator is final and binding on all parties and is not subject to appeal. SNWT 2022,c.14,s.75(3).

PART 5

GENERAL

Director of Planning

Appointment

74.

(1) The Minister shall appoint a Director of Planning.

Duties

(2) The Director of Planning shall

(a) review proposed community plans and provide advice to the Minister on their approval; and

(b) review and decide on applications for proposed subdivisions in respect of which he or she is the subdivision authority, and review and accept or reject subdivision plans in respect of which he or she is the subdivision authority.

Limitation

Compensation limited

75.

A person is not entitled to compensation by reason only of

(a) the adoption of a community plan or area development plan or the making of a zoning bylaw or subdivision bylaw;

(b) a provision of a community plan, area development plan, zoning bylaw or subdivision bylaw; or

(c) a lawful action taken under this Act, a zoning bylaw or a subdivision bylaw, or in accordance with a community plan or area development plan.

Copies of Plans and Bylaws

Requirement

76.

Council shall make available to the public, at reasonable cost, copies of community plans, area development plans, zoning bylaws and subdivision bylaws, as soon as is reasonably practicable after the plans are adopted or the bylaws are made.

Offence and Punishment

Prohibition

77.

(1) No person shall contravene or fail to comply with, fail to do anything required to be done under, or acquiesce to or permit anything to be done in contravention of this Act, the regulations, a zoning bylaw, a subdivision bylaw, an order made under one of them or a provision or condition of a development permit.

Requirement for development permit

(2) No person shall undertake or allow a development without a development permit required under a zoning bylaw.

Subdivision prohibition

(3) No person shall subdivide land except in accordance with Part 3.

False or misleading information

(4) No person shall make a false or misleading statement in an application for a development permit or an application respecting a subdivision.

Obstructing officer

(5) No person shall obstruct or interfere with a development officer or other authorized officer of a municipal corporation in the performance of his or her duties under this Act, the regulations, a zoning bylaw or a subdivision bylaw, or in the enforcement of an order made under one of them.

Punishment

78.

(1) A person who contravenes section 77 is guilty of an offence and is liable on summary conviction

(a) in the case of a corporation, to a fine not exceeding $100,000 and to a further fine not exceeding $5,000 each day or part of a day during which the offence continues; and

(b) in the case of an individual,

(i) to a fine not exceeding $5,000 and to a further fine not exceeding $1,000 each day or part of a day during which the offence continues, or

(ii) to imprisonment for a term not exceeding six months in default of payment of the fine.

Punishment for bylaw offences

(2) Notwithstanding subsection (1), council may, by zoning bylaw or subdivision bylaw, provide that a person who is guilty of an offence under the bylaw is liable on summary conviction to a specific fine or imprisonment not exceeding the limits set out in subsection (1).

Order respecting other matters

(3) In addition to any fine that may be levied, a court may order a person convicted of an offence to

(a) pay any fee or charge that may otherwise be payable by the person to the municipal corporation in respect of any licence or permit that should have been obtained by the person;

(b) pay any costs to which the municipal corporation is entitled in respect of the offence; and

(c) do or refrain from doing any activity that the court may specify.

Further prosecution

(4) The conviction of a person for an offence under this Act, the regulations, a zoning bylaw or a subdivision bylaw does not operate as a bar to further prosecution for an offence in respect of the same matter committed or continued by the person after the conviction.

Limitation period

(5) A prosecution for an offence under this Act, the regulations, a zoning bylaw or a subdivision bylaw may not be commenced more than two years after the day the offence is alleged to have been committed, or in the case of a continuing offence, the last day on which the offence is alleged to have been committed.

Ownership of fines collected

(6) Subject to any other enactment, a fine or penalty collected in respect of a prosecution by a development officer or an offence under a zoning bylaw or subdivision bylaw belongs to the municipal corporation.

Regulations

Regulations

79.

The Commissioner, on the recommendation of the Minister, may make regulations

(a) respecting territorial land use policies and statements of territorial interest and their incorporation in community plans;

(b) respecting the procedure for submitting a community plan to the Minister for approval;

(c) respecting the review and approval of community plans submitted to the Minister;

(d) respecting procedures and transitional matters on revocation of a designation of a municipal corporation as a subdivision authority;

(e) respecting the subdivision of land acquired subject to a condition that it be used for agricultural purposes, or agricultural and other purposes, including

(i) circumstances under which such land may not be subdivided, and

(ii) exceptions to the prohibition against subdivision of such land;

(f) respecting the subdivision of land including requirements and criteria for subdivision;

(g) respecting terms and conditions that may be imposed by municipal subdivision authorities for approval of proposed subdivisions or plans of subdivision;

(h) respecting applications to the Director of Planning for approval of proposed subdivisions, and respecting the submission of plans of subdivision to the Director of Planning for approval, including

(i) the procedure for applications and submissions,

(ii) the form of applications, and

(iii) information and materials required in support of applications and submissions; respecting fees and other charges in relation to

(i) applications to the Director of Planning for approval of proposed subdivisions, and

(ii) submissions of plans of subdivision to the Director of Planning for approval; respecting the restriction of further applications to the Director of Planning for approval of a proposed subdivision of a particular lot or other parcel of land, within a specified period of time after refusal of an application in respect of the parcel; respecting how and to whom an application for a proposed subdivision to the Director of Planning must be provided; respecting how and to whom notice of approval by the Director of Planning of a proposed subdivision must be provided; setting out methods permitted for the service of an order made under subsection 57(3) and methods permitted for the service of notice of a hearing under subsection 66(3), in addition to methods specified in those subsections, respecting the service of other orders and notices, and respecting substitutional and deemed service of orders and notices; respecting rules of procedure to be followed by appeal boards and subdivision appeal boards; respecting evidence before appeal boards and subdivision appeal boards; respecting fees, in addition to filing fees, for appeals to an appeal board or subdivision appeal board, and respecting costs of appeals; prescribing grounds, in addition to those specified in sections 61, 62, 63 and 64, for an appeal to an appeal board in respect of a matter referred to in Parts 2 and 3;

(r) respecting qualifications and requirements for arbitrators appointed under this Act;

(s) respecting arbitrations under this Act, including rules and procedures for arbitrations and the scope and publication of awards; and

(t) respecting any other matter the Commissioner considers necessary or advisable for carrying out the purposes and provisions of this Act.

TRANSITIONAL PROVISIONS

Definition: "former Act"

80.

(1) In this section, "former Act" means the Planning Act, R.S.N.W.T. 1988, c.P-7.

Continuation

(2) On the coming into force of this section,

(a) a person serving as Director under the former Act continues to serve as the Director of Planning as if appointed under this Act;

(b) a general plan adopted in accordance with the former Act remains in force and is deemed to be a community plan adopted in accordance with this Act, to the extent that it is not expressly inconsistent with this Act, until it is repealed or a new community plan is made in its stead;

(c) a development scheme adopted in accordance with the former Act remains in force and is deemed to be an area development plan adopted in accordance with this Act, to the extent that it is not expressly inconsistent with this Act, until it is repealed or another is made in its stead;

(d) a zoning bylaw made under the former Act remains in force and is deemed to be made under this Act, to the extent that it is not expressly inconsistent with this Act, until it is repealed or a new zoning bylaw is made in its stead; and

(e) a proceeding commenced under the former Act continues under and in conformity with this Act, to the extent that the proceeding can be adapted to this Act.

Application: Planning Act, Community Planning and Development Act

(3) On the coming into force of this section,

(a) the former Act does not apply in respect of a municipal corporation.

SNWT 2013,c.9,Sch.B,s.2(3).

Review of application or plan

81.

(1) Review by the Director of Planning of an application made before this section comes into force for approval of a proposed subdivision shall be continued under and in conformity with this Act.

Approval

(2) The approval, before this section comes into force, of a proposed subdivision or plan of subdivision by the Minister or by a person designated by the Minister for that purpose, is deemed to be approval for the purposes of this Act and the Land Titles Act.

Effect of subdivision bylaw

(3) If, after an application for approval of a proposed subdivision is made to the Director of Planning, a subdivision bylaw is made that would otherwise apply to the lands being subdivided, the subdivision bylaw does not apply in respect of the proposed subdivision, or in respect of the approval of the plan of subdivision, and the Director of Planning continues as the subdivision authority until final approval or rejection of the plan of subdivision.

CONSEQUENTIAL AMENDMENTS

Charter Communities Act

82.

(1) The Charter Communities Act is amended by this section.

(2) Paragraph 57(1)(c) is amended by striking out "Planning Act" and substituting "Community Planning and Development Act".

(3) Paragraph 74(1)(e) is amended by striking out ", including land use planning in accordance with the Planning Act".

(4) Paragraph 133(1)(c) is repealed and the following is substituted:

(c) a zoning bylaw or a bylaw to adopt a community plan or an area development plan under the Community Planning and Development Act; or

(5) Paragraph 133(5)(c) is repealed and the following is substituted:

(c) the Director of Planning appointed under the Community Planning and Development Act or his or her designate, if the hearing is being held in respect of a zoning bylaw or a bylaw to adopt a community plan or an area development plan.

(6) Subsection 133(8) is amended by striking out that portion preceding paragraph (a) and substituting the following:

(8) Before second reading of the bylaw, the senior administrative officer shall prepare a written certification

Cities, Towns and Villages Act

83.

(1) The Cities, Towns and Villages Act is amended by this section.

(2) Paragraph 53(1)(c) is amended by striking out "Planning Act" and substituting "Community Planning and Development Act".

(3) Paragraph 70(1)(e) is amended by striking out ", including land use planning in accordance with the Planning Act".

(4) Paragraph 129(1)(c) is repealed and the following is substituted:

(c) a zoning bylaw or a bylaw to adopt a community plan or an area development plan under the Community Planning and Development Act; or

(5) Paragraph 129(5)(c) is repealed and the following is substituted:

(c) the Director of Planning appointed under the Community Planning and Development Act or his or her designate, if the hearing is being held in respect of a zoning bylaw or a bylaw to adopt a community plan or an area development plan.

(6) Subsection 129(8) is amended by striking out that portion preceding paragraph (a) and substituting the following:

(8) Before second reading of the bylaw, the senior administrative officer shall prepare a written certification

Condominium Act

84.

(1) The Condominium Act is amended by this section.

(2) Paragraph 6(5)(a) is repealed and the following is substituted:

(a) has been approved by the applicable subdivision authority as defined in subsection 1(1) of the Community Planning and Development Act, or has been approved by the Minister responsible for the Planning Act or by a person designated by him or her to approve such plans; and

Hamlets Act

85.

(1) The Hamlets Act is amended by this section.

(2) Paragraph 55(1)(c) is amended by striking out "Planning Act" and substituting "Community Planning and Development Act".

(3) Paragraph 72(1)(e) is amended by striking out ", including land use planning in accordance with the Planning Act".

(4) Paragraph 131(1)(c) is repealed and the following is substituted:

(c) a zoning bylaw or a bylaw to adopt a community plan or an area development plan under the Community Planning and

(5) Paragraph 131(5)(c) is repealed and the following is substituted:

(c) the Director of Planning appointed under the Community Planning and Development Act or his or her designate, if the hearing is being held in respect of a zoning bylaw or a bylaw to adopt a community plan or an area development plan.

(6) Subsection 131(8) is amended by striking out that portion preceding paragraph (a) and substituting the following:

(8) Before second reading of the bylaw, the senior administrative officer shall prepare a written certification

Land Titles Act

86.

(1) The Land Titles Act is amended by this section.

(2) Subparagraph 90(1)(b)(ii) is repealed and the following is substituted:

(ii) approved by the applicable subdivision authority as defined in subsection 1(1) of the Community Planning and Development Act, or approved by the Minister responsible for the Planning Act or by a person designated by him or her to approve such plans;

(3) Paragraph 95(a) is repealed and the following is substituted:

(a) approved by the applicable subdivision authority as defined in subsection 1(1) of the Community Planning and Development Act, or approved by the Minister responsible for the Planning Act or by a person designated by him or her to approve such plans;

REPEAL

Planning Act

87.

The Planning Act, R.S.N.W.T. 1988, c.P-7, is repealed.

COMMENCEMENT

Coming into force

88.

This Act or any provision of this Act comes into force on a day or days to be fixed by order of the Commissioner.