Acts and Regulations

2017, c.18 - Local Governance Act

Full text
Municipal plan, rural plan, zoning by-law or other by-law of new local government – annexation
39(1)Despite any other provision of this Act or the Community Planning Act, when a portion of a rural district is annexed to a local government, any rural plan or any portion of a rural plan or any other regulation under the Community Planning Act that is designated in the regulation effecting the annexation shall be deemed to be the municipal plan, rural plan, zoning by-law or other by-law, as designated in the regulation, of the annexed area as of the effective date of the annexation and shall be deemed to be validly made in accordance with this Act and with the Community Planning Act.
39(2)Despite any other provision of this Act or the Community Planning Act, when an area that is part of one local government is annexed to another local government, the zoning by-law or the zoning provisions in the rural plan of the local government from which the area is annexed shall be deemed to be the zoning by-law or the zoning provisions of the annexed area as of the effective date of the annexation and shall be deemed to be validly made in accordance with this Act and the Community Planning Act.
39(3)Despite section 31 of the Community Planning Act, if there is a conflict between the municipal plan of an annexing local government and a zoning by-law deemed to be such under subsection (1) or (2), the zoning by-law prevails.
39(4)If subsection (1) or (2) applies to an annexation, the council of the annexing local government shall within one and one-half years after the effective date of the annexation review and amend the municipal plan and zoning by-law or rural plan of the local government so that the municipal plan and zoning by-law or rural plan incorporates the provisions of the municipal plan, rural plan, zoning by-law or other by-law deemed to be such under subsection (1) or (2).
39(5)A municipal plan, rural plan, zoning by-law or other by-law deemed to be such under subsection (1) or (2) shall remain in force in the annexed area until repealed by the council.
2021, c.44, s.4
Municipal plan, rural plan, zoning by-law or other by-law of new local government – annexation
39(1)Despite any other provision of this Act or the Community Planning Act, when a contiguous local service district is annexed to a local government, any rural plan or any portion of a rural plan or any other regulation under the Community Planning Act that is designated in the regulation effecting the annexation shall be deemed to be the municipal plan, rural plan, zoning by-law or other by-law, as designated in the regulation, of the annexed area as of the effective date of the annexation and shall be deemed to be validly made in accordance with this Act and with the Community Planning Act.
39(2)Despite any other provision of this Act or the Community Planning Act, when an area that is part of one local government is annexed to another local government, the zoning by-law or the zoning provisions in the rural plan of the local government from which the area is annexed shall be deemed to be the zoning by-law or the zoning provisions of the annexed area as of the effective date of the annexation and shall be deemed to be validly made in accordance with this Act and the Community Planning Act.
39(3)Despite section 31 of the Community Planning Act, if there is a conflict between the municipal plan of an annexing local government and a zoning by-law deemed to be such under subsection (1) or (2), the zoning by-law prevails.
39(4)If subsection (1) or (2) applies to an annexation, the council of the annexing local government shall within one and one-half years after the effective date of the annexation review and amend the municipal plan and zoning by-law or rural plan of the local government so that the municipal plan and zoning by-law or rural plan incorporates the provisions of the municipal plan, rural plan, zoning by-law or other by-law deemed to be such under subsection (1) or (2).
39(5)A municipal plan, rural plan, zoning by-law or other by-law deemed to be such under subsection (1) or (2) shall remain in force in the annexed area until repealed by the council.
Municipal plan, rural plan, zoning by-law or other by-law of new local government – annexation
39(1)Despite any other provision of this Act or the Community Planning Act, when a contiguous local service district is annexed to a local government, any rural plan or any portion of a rural plan or any other regulation under the Community Planning Act that is designated in the regulation effecting the annexation shall be deemed to be the municipal plan, rural plan, zoning by-law or other by-law, as designated in the regulation, of the annexed area as of the effective date of the annexation and shall be deemed to be validly made in accordance with this Act and with the Community Planning Act.
39(2)Despite any other provision of this Act or the Community Planning Act, when an area that is part of one local government is annexed to another local government, the zoning by-law or the zoning provisions in the rural plan of the local government from which the area is annexed shall be deemed to be the zoning by-law or the zoning provisions of the annexed area as of the effective date of the annexation and shall be deemed to be validly made in accordance with this Act and the Community Planning Act.
39(3)Despite section 31 of the Community Planning Act, if there is a conflict between the municipal plan of an annexing local government and a zoning by-law deemed to be such under subsection (1) or (2), the zoning by-law prevails.
39(4)If subsection (1) or (2) applies to an annexation, the council of the annexing local government shall within one and one-half years after the effective date of the annexation review and amend the municipal plan and zoning by-law or rural plan of the local government so that the municipal plan and zoning by-law or rural plan incorporates the provisions of the municipal plan, rural plan, zoning by-law or other by-law deemed to be such under subsection (1) or (2).
39(5)A municipal plan, rural plan, zoning by-law or other by-law deemed to be such under subsection (1) or (2) shall remain in force in the annexed area until repealed by the council.