Acts and Regulations

2012, c.37 - Regional Service Delivery Act

Section 24
Disposition versions

Full text
Power and duties with respect to land use planning
24(1)With respect to the provision of a land use planning service, a Commission shall have the following powers and duties:
(a) those powers and duties accruing under the following provisions:
(i) any zoning by-law provision under paragraph 53(2)(h) or (i) or paragraph 53(3)(c) of the Community Planning Act with respect to particular uses of land, and any similar provision in
(A) a rural plan under subsection 33(1) or 44(6) of the Community Planning Act, or
(B) a rural plan or zoning regulation under paragraph 125(9)(a) of the Community Planning Act;
(ii) sections 55, 56 and 78, paragraphs 125(10)(e) and 125(11)(b) of the Community Planning Act, with respect to certain proposed uses and to variance,
(iii) subsections 60(2) and (4) of the Community Planning Act, with respect to non-conforming uses,
(iv) any subdivision by-law provision under paragraph 75(1)(c), (f) or (l) of the Community Planning Act, with respect to approval of an access, the location of land for public purposes and street names, respectively, and under paragraph 75(1)(k) of the Community Planning Act and any similar subdivision regulation provision under paragraph 125(10)(c) of the Community Planning Act, with respect to approval of a subdivision plan, and
(v) subsection 89(4) of the Community Planning Act, with respect to the location of streets or land for public purposes;
(b) if a Commission provides a land use planning service to a member that is a local government, to prepare
(i) a municipal plan or development scheme for a municipality in the region or a rural plan under section 33 of the Community Planning Act for a village in the region, or
(ii) a rural plan under section 44 or 51 of the Community Planning Act;
(c) to advise members that are local governments and the Minister
(i) subject to paragraph (b), in the preparation of plans, statements and schemes mentioned therein, and
(ii) in relation to any aspect of community planning within the region;
(d) if a member is a local government, to give its views to the council of a local government in the region that are proposing to enact a by-law on the proposed by-law or to the Minister on a proposed regulation to be effective in the region, whether or not such views have been requested under section 110 or subsection 125(14) of the Community Planning Act,
(e) to exercise the powers and perform the duties provided by this section or that are otherwise given to it by the Community Planning Act or the council of a member that is a local government.
24(2)A Commission shall appoint a planner as planning director and they shall also be the development officer throughout the region.
24(3)A Commission may enter into an agreement
(a) if the member is a local government, with the council of the local government with respect to a plan, statement or scheme prepared under subparagraph (1)(a)(i),
(b) if the member is a local government, with the council of the local government to supply any portion of a land use planning service in the local government at the expense of the local government, and
(c) with one or more councils referred to in paragraph (b) to supply any portion of a land use planning service in the local governments, with the cost to be apportioned among those members.
2017, c.20, s.161; 2021, c.44, s.6
Power and duties with respect to land use planning
24(1)With respect to the provision of a land use planning service, a Commission shall have the following powers and duties:
(a) those powers and duties accruing under the following provisions:
(i) any zoning by-law provision under paragraph 53(2)(h) or (i) or paragraph 53(3)(c) of the Community Planning Act with respect to particular uses of land, and any similar provision in
(A) a rural plan under subsection 33(1) or 44(6) of the Community Planning Act, or
(B) a rural plan or zoning regulation under paragraph 125(9)(a) of the Community Planning Act;
(ii) sections 55, 56 and 78, paragraphs 125(10)(e) and 125(11)(b) of the Community Planning Act, with respect to certain proposed uses and to variance,
(iii) subsections 60(2) and (4) of the Community Planning Act, with respect to non-conforming uses,
(iv) any subdivision by-law provision under paragraph 75(1)(c), (f) or (l) of the Community Planning Act, with respect to approval of an access, the location of land for public purposes and street names, respectively, and under paragraph 75(1)(k) of the Community Planning Act and any similar subdivision regulation provision under paragraph 125(10)(c) of the Community Planning Act, with respect to approval of a subdivision plan, and
(v) subsection 89(4) of the Community Planning Act, with respect to the location of streets or land for public purposes;
(b) if a Commission provides a land use planning service to a member that is a local government, to prepare
(i) a municipal plan or development scheme for a municipality in the region or a rural plan under section 33 of the Community Planning Act for a village in the region, or
(ii) a rural plan under section 44 or 51 of the Community Planning Act;
(c) to advise members that are local governments and the Minister
(i) subject to paragraph (b), in the preparation of plans, statements and schemes mentioned therein, and
(ii) in relation to any aspect of community planning within the region;
(d) if a member is a local government, to give its views to the council of a local government in the region that are proposing to enact a by-law on the proposed by-law or to the Minister on a proposed regulation to be effective in the region, whether or not such views have been requested under section 110 or subsection 125(14) of the Community Planning Act,
(e) to exercise the powers and perform the duties provided by this section or that are otherwise given to it by the Community Planning Act or the council of a local government of a member.
24(2)A Commission shall appoint a planner as planning director and he or she shall also be the development officer throughout the region.
24(3)A Commission may enter into an agreement
(a) if the member is a local government, with the council of the local government with respect to a plan, statement or scheme prepared under subparagraph (1)(a)(i),
(b) if the member is a local government, with the council of the local government to supply any portion of a land use planning service in the local government at the expense of the local government, and
(c) with one or more councils referred to in paragraph (b) to supply any portion of a land use planning service in the local governments, with the expense to be shared among those members.
2017, c.20, s.161
Power and duties with respect to land use planning
24(1)With respect to the provision of a land use planning service, a Commission shall have the following powers and duties:
(a) those powers and duties accruing under the following provisions:
(i) any zoning by-law provision under paragraph 34(3)(g) or (h) or paragraph 34(4)(c) of the Community Planning Act with respect to particular uses of land, and any similar provision in
(A) a rural plan under subsection 27.2(1), or 77.2(5) of the Community Planning Act, or
(B) a rural plan or zoning regulation under paragraph 77(6)(a) of the Community Planning Act;
(ii) sections 35, 36 and 46, paragraph 77(6)(c), and paragraph 77(8)(b) of the Community Planning Act, with respect to certain proposed uses and to variance,
(iii) subsections 40(2) and (4) of the Community Planning Act, with respect to non-conforming uses,
(iv) any subdivision by-law provision pursuant to paragraph 42(3)(c), (f) or (l) of the Community Planning Act, with respect to approval of an access, the location of land for public purposes and street names, respectively, and pursuant to paragraph 42(3)(k) of the Community Planning Act and any similar subdivision regulation provision under paragraph 77(7)(b) of the Community Planning Act, with respect to approval of a subdivision plan, and
(v) subsection 56(2) of the Community Planning Act, with respect to the location of streets or land for public purposes;
(b) if a Commission provides a land use planning service to a member that is a municipality or a rural community, to prepare
(i) a municipal plan, basic planning statement, development scheme or urban renewal scheme for a municipality in the district or a rural plan under subsection 27.2(1) of the Community Planning Act for a village in the district, or
(ii) a rural plan under subsection 77(2.1) or 77.2(1) of the Community Planning Act;
(c) to advise members that are municipalities and rural communities and the Minister
(i) subject to paragraph (b), in the preparation of plans, statements and schemes mentioned therein, and
(ii) in relation to any aspect of community planning within the region;
(d) if a member is a municipality or rural community, to give its views to the council of a municipality or rural community council in the region that are proposing to enact a by-law on the proposed by-law or to the Minister on a proposed regulation to be effective in the region, whether or not such views have been requested under section 66 or subsection 77(11) of the Community Planning Act,
(e) to exercise the powers and perform the duties provided by this section or that are otherwise given to it by the Community Planning Act or the council of a municipality or rural community council of a member.
24(2)A Commission shall appoint a planner as planning director and he or she shall also be the development officer throughout the region.
24(3)A Commission may enter into an agreement
(a) where the member is a municipality or a rural community, with the council of the municipality or the rural community council with respect to a plan, statement or scheme prepared under subparagraph (1)(a)(i),
(b) where the member is a municipality or a rural community, with the council of the municipality or the rural community council to supply any portion of a land use planning service in the municipality or the rural community at the expense of the municipality or the rural community, and
(c) with one or more councils referred to in paragraph (b) to supply any portion of a land use planning service in the municipalities, rural communities or both, as the case may be, with the expense to be shared among those members.
Power and duties with respect to land use planning
24(1)With respect to the provision of a land use planning service, a Commission shall have the following powers and duties:
(a) those powers and duties accruing under the following provisions:
(i) any zoning by-law provision under paragraph 34(3)(g) or (h) or paragraph 34(4)(c) of the Community Planning Act with respect to particular uses of land, and any similar provision in
(A) a rural plan under subsection 27.2(1), or 77.2(5) of the Community Planning Act, or
(B) a rural plan or zoning regulation under paragraph 77(6)(a) of the Community Planning Act;
(ii) sections 35, 36 and 46, paragraph 77(6)(c), and paragraph 77(8)(b) of the Community Planning Act, with respect to certain proposed uses and to variance,
(iii) subsections 40(2) and (4) of the Community Planning Act, with respect to non-conforming uses,
(iv) any subdivision by-law provision pursuant to paragraph 42(3)(c), (f) or (l) of the Community Planning Act, with respect to approval of an access, the location of land for public purposes and street names, respectively, and pursuant to paragraph 42(3)(k) of the Community Planning Act and any similar subdivision regulation provision under paragraph 77(7)(b) of the Community Planning Act, with respect to approval of a subdivision plan, and
(v) subsection 56(2) of the Community Planning Act, with respect to the location of streets or land for public purposes;
(b) if a Commission provides a land use planning service to a member that is a municipality or a rural community, to prepare
(i) a municipal plan, basic planning statement, development scheme or urban renewal scheme for a municipality in the district or a rural plan under subsection 27.2(1) of the Community Planning Act for a village in the district, or
(ii) a rural plan under subsection 77(2.1) or 77.2(1) of the Community Planning Act;
(c) to advise members that are municipalities and rural communities and the Minister
(i) subject to paragraph (b), in the preparation of plans, statements and schemes mentioned therein, and
(ii) in relation to any aspect of community planning within the region;
(d) if a member is a municipality or rural community, to give its views to the council of a municipality or rural community council in the region that are proposing to enact a by-law on the proposed by-law or to the Minister on a proposed regulation to be effective in the region, whether or not such views have been requested under section 66 or subsection 77(11) of the Community Planning Act,
(e) to exercise the powers and perform the duties provided by this section or that are otherwise given to it by the Community Planning Act or the council of a municipality or rural community council of a member.
24(2)A Commission shall appoint a planner as planning director and he or she shall also be the development officer throughout the region.
24(3)A Commission may enter into an agreement
(a) where the member is a municipality or a rural community, with the council of the municipality or the rural community council with respect to a plan, statement or scheme prepared under subparagraph (1)(a)(i),
(b) where the member is a municipality or a rural community, with the council of the municipality or the rural community council to supply any portion of a land use planning service in the municipality or the rural community at the expense of the municipality or the rural community, and
(c) with one or more councils referred to in paragraph (b) to supply any portion of a land use planning service in the municipalities, rural communities or both, as the case may be, with the expense to be shared among those members.