Acts and Regulations

2017, c.19 - Community Planning Act

Section 124
Disposition versions

Full text
Regulations – general
124(1)The Lieutenant-Governor in Council may make regulations
(a) respecting statements of public interest;
(b) respecting regional land use plans;
(b.1) for the purposes of paragraph 53(2)(g.1), prescribing
(i) requirements to be met to authorize inclusionary zoning in municipal plans, rural plans for villages, rural plans for rural communities and zoning by-laws,
(ii) the form and content of inclusionary zoning provisions, including provisions respecting the entering into of agreements, and
(iii) exemptions from the application of inclusionary zoning provisions;
(c) prescribing community planning and development services provided in rural districts for which a regional service commission may charge fees;
(d) prescribing the amount of a fee for a service referred to in paragraph (c);
(e) governing the maximum amount that a local government may establish or impose and collect as a development charge, either generally or specifically;
(f) governing the principles and criteria that shall be applied by a local government when establishing a development charge;
(g) designating types of easements and prescribing the rights which these designated types of easements vest in the Crown, a local government or a public utility and subsection 125(16) applies to the regulations;
(h) for the purposes of paragraph 108(1)(f), prescribing requirements that a development must comply with before it can be approved;
(i) governing what may be considered by a development officer to be adequate proof that a development is in conformity with a matter prescribed under paragraph (h);
(j) establishing the procedure of the Board respecting appeals commenced under this Act;
(k) defining words or expressions used in this Act but not defined;
(l) respecting any other matter that may be necessary for the proper administration of this Act.
124(2)Without limiting paragraph (1)(b), a regulation made under that paragraph may prescribe
(a) the process, procedure or criteria for making or amending a regional land use plan, including by ministerial regulation;
(b) the notice or consultation, or both, required for making or amending a regional land use plan,
(c) the matters, including policies and objectives for the region, to be included in a regional land use plan,
(d) any indicators to determine or to assist in determining whether an objective set out in the regional land use plan has been, is being or will be achieved or maintained,
(e) any monitoring and reporting with respect to indicators and policies, including who will do the monitoring and when, and to whom the monitoring will be reported,
(f) the making of different provision for different parts of a region, including specifying a period of time for application and providing for an exclusion from, exception to or exemption from its legal effect,
(g) the role and function of the Minister, government departments and other persons in reviewing or assisting in the development of or amendments to regional land use plans, and
(h) if the regional land use plan is specific or general in its application.
124(3)Despite the Financial Administration Act, if a fee is prescribed under paragraph (1)(d), the fee shall be paid to the regional service commission providing the prescribed service and shall be credited to the cost of the delivery of the land use planning service under subsection 161(4) of the Local Governance Act.
124(4)The Lieutenant-Governor in Council shall consult with the Board before making a regulation under paragraph (1)(j).
2020, c.8, s.28; 2021, c.44, s.1; 2022, c.56, s.1
Regulations – general
124(1)The Lieutenant-Governor in Council may make regulations
(a) respecting statements of provincial interests;
(b) respecting regional plans;
(c) prescribing community planning and development services provided in local service districts for which a regional service commission may charge fees;
(d) prescribing the amount of a fee for a service referred to in paragraph (c);
(e) governing the maximum amount that a local government may establish or impose and collect as a development charge, either generally or specifically;
(f) governing the principles and criteria that shall be applied by a local government when establishing a development charge;
(g) designating types of easements and prescribing the rights which these designated types of easements vest in the Crown, a local government or a public utility and subsection 125(16) applies to the regulations;
(h) prescribing matters that a development must be in conformity with under subsection 108(1) before a building permit under the Building Code Administration Act may be issued;
(i) governing what may be considered by a development officer to be adequate proof that a development is in conformity with a matter prescribed under paragraph (h);
(j) establishing the procedure of the Board respecting appeals commenced under this Act;
(k) defining words or expressions used in this Act but not defined;
(l) respecting any other matter that may be necessary for the proper administration of this Act.
124(2)Without limiting paragraph (1)(b), a regulation made under that paragraph may prescribe
(a) the process, procedure or criteria, for making or amending a regional plan,
(b) the notice or consultation, or both, required for making or amending a regional plan,
(c) the matters, including policies and objectives for the region, to be included in a regional plan,
(d) any indicators to determine or to assist in determining whether an objective set out in the regional plan has been, is being or will be achieved or maintained,
(e) any monitoring and reporting with respect to indicators and policies, including who will do the monitoring and when, and to whom the monitoring will be reported,
(f) the making of different provision for different parts of a region, including specifying a period of time for application and providing for an exclusion from, exception to or exemption from its legal effect,
(g) the role and function of the Minister, government departments and other persons in reviewing or assisting in the development of regional plans or an amendment of a regional plan, and
(h) if the regional plan is specific or general in its application.
124(3)Despite the Financial Administration Act, if a fee is prescribed under paragraph (1)(d), the fee shall be paid to the regional service commission providing the prescribed service and shall be credited to the cost of the delivery of the land use planning service under subsection 161(4) of the Local Governance Act.
124(4)The Lieutenant-Governor in Council shall consult with the Board before making a regulation under paragraph (1)(j).
2020, c.8, s.28
Regulations – general
124(1)The Lieutenant-Governor in Council may make regulations
(a) respecting statements of provincial interests;
(b) respecting regional plans;
(c) prescribing community planning and development services provided in local service districts for which a regional service commission may charge fees;
(d) prescribing the amount of a fee for a service referred to in paragraph (c);
(e) governing the maximum amount that a local government may establish or impose and collect as a development charge, either generally or specifically;
(f) governing the principles and criteria that shall be applied by a local government when establishing a development charge;
(g) designating types of easements and prescribing the rights which these designated types of easements vest in the Crown, a local government or a public utility and subsection 125(16) applies to the regulations;
(h) prescribing matters that a development must be in conformity with before a building permit or a development and building permit may be issued under subsection 108(1);
(i) governing what may be considered by a development officer to be adequate proof that a development is in conformity with a matter prescribed under paragraph (h);
(j) establishing the procedure of the Board respecting appeals commenced under this Act;
(k) defining words or expressions used in this Act but not defined;
(l) respecting any other matter that may be necessary for the proper administration of this Act.
124(2)Without limiting paragraph (1)(b), a regulation made under that paragraph may prescribe
(a) the process, procedure or criteria, for making or amending a regional plan,
(b) the notice or consultation, or both, required for making or amending a regional plan,
(c) the matters, including policies and objectives for the region, to be included in a regional plan,
(d) any indicators to determine or to assist in determining whether an objective set out in the regional plan has been, is being or will be achieved or maintained,
(e) any monitoring and reporting with respect to indicators and policies, including who will do the monitoring and when, and to whom the monitoring will be reported,
(f) the making of different provision for different parts of a region, including specifying a period of time for application and providing for an exclusion from, exception to or exemption from its legal effect,
(g) the role and function of the Minister, government departments and other persons in reviewing or assisting in the development of regional plans or an amendment of a regional plan, and
(h) if the regional plan is specific or general in its application.
124(3)Despite the Financial Administration Act, if a fee is prescribed under paragraph (1)(d), the fee shall be paid to the regional service commission providing the prescribed service and shall be credited to the cost of the delivery of the land use planning service under subsection 161(4) of the Local Governance Act.
124(4)The Lieutenant-Governor in Council shall consult with the Board before making a regulation under paragraph (1)(j).
Regulations – general
124(1)The Lieutenant-Governor in Council may make regulations
(a) respecting statements of provincial interests;
(b) respecting regional plans;
(c) prescribing community planning and development services provided in local service districts for which a regional service commission may charge fees;
(d) prescribing the amount of a fee for a service referred to in paragraph (c);
(e) governing the maximum amount that a local government may establish or impose and collect as a development charge, either generally or specifically;
(f) governing the principles and criteria that shall be applied by a local government when establishing a development charge;
(g) designating types of easements and prescribing the rights which these designated types of easements vest in the Crown, a local government or a public utility and subsection 125(16) applies to the regulations;
(h) prescribing matters that a development must be in conformity with before a building permit or a development and building permit may be issued under subsection 108(1);
(i) governing what may be considered by a development officer to be adequate proof that a development is in conformity with a matter prescribed under paragraph (h);
(j) establishing the procedure of the Board respecting appeals commenced under this Act;
(k) defining words or expressions used in this Act but not defined;
(l) respecting any other matter that may be necessary for the proper administration of this Act.
124(2)Without limiting paragraph (1)(b), a regulation made under that paragraph may prescribe
(a) the process, procedure or criteria, for making or amending a regional plan,
(b) the notice or consultation, or both, required for making or amending a regional plan,
(c) the matters, including policies and objectives for the region, to be included in a regional plan,
(d) any indicators to determine or to assist in determining whether an objective set out in the regional plan has been, is being or will be achieved or maintained,
(e) any monitoring and reporting with respect to indicators and policies, including who will do the monitoring and when, and to whom the monitoring will be reported,
(f) the making of different provision for different parts of a region, including specifying a period of time for application and providing for an exclusion from, exception to or exemption from its legal effect,
(g) the role and function of the Minister, government departments and other persons in reviewing or assisting in the development of regional plans or an amendment of a regional plan, and
(h) if the regional plan is specific or general in its application.
124(3)Despite the Financial Administration Act, if a fee is prescribed under paragraph (1)(d), the fee shall be paid to the regional service commission providing the prescribed service and shall be credited to the cost of the delivery of the land use planning service under subsection 161(4) of the Local Governance Act.
124(4)The Lieutenant-Governor in Council shall consult with the Board before making a regulation under paragraph (1)(j).