Acts and Regulations

2017, c.19 - Community Planning Act

Section 1
Disposition versions

Full text
Definitions and interpretation
1(1)The following definitions apply in this Act.
“abut” includes having access thereto directly.(attenant)
“advisory committee” means a planning advisory committee established under section 3.(comité consultatif)
“Board” means the Assessment and Planning Appeal Board established under the Assessment and Planning Appeal Board Act.(Commission)
“building inspector” means a building inspector as defined in the Building Code Administration Act.(inspecteur en bâtiment)
“building inspector” Repealed: 2020, c.8, s.28
“clerk” means a clerk of a local government appointed under the Local Governance Act. (greffier)
“council” means the mayor and councillors of a local government. (conseil)
“Crown” means the Crown in right of the Province. (Couronne)
“development” means(aménagement)
(a) the erecting, placing, relocating, removing, demolishing, altering, repairing or replacing of a building or structure other than utility poles and wires, traffic control devices and pipelines defined in the Pipeline Act, 2005 except for buildings and structures remote from a pipeline used for management and administration or housing or storing of moveable equipment or statutory notices,
(b) if the purpose for which land, buildings and structures are used is set out in a regional land use plan, municipal plan, rural plan, development scheme, zoning by-law or regulation, a change in the purpose for which the land, building or structure is used,
(c) any excavation of sand, gravel, clay, shale, limestone or other deposits for a development mentioned in paragraph (a) or for purposes of the sale or other commercial use of the material excavated, or
(d) the making of land by cutting or filling to a depth in excess of one metre, except in the case of laying pipelines defined in the Pipeline Act, 2005.
“development officer” means(agent d’aménagement)
(a) with respect to a local government that is providing its own land use planning service,
(i) the planning director appointed under paragraph 10(1)(b), or
(ii) the Director, if the Director is appointed as the development officer under paragraph 10(3)(a), or if paragraph 10(3)(b) applies, and
(b) with respect to a local government or a rural district that is not providing its own land use planning service, the planning director as defined in the Regional Service Delivery Act.
“development scheme” means a development scheme described in section 101.(projet d’aménagement)
“Director” means the Provincial Planning Director appointed under section 9.(directeur provincial)
“land for public purposes” means land, other than streets, for the recreational or other use or enjoyment of the general public.(terrain d’utilité publique)
“land registration office” means a registry office established under the Registry Act or a land titles office established under the Land Titles Act. (bureau d’enregistrement des biens-fonds)
“local government” means a municipality, rural community or regional municipality. (gouvernement local )
“local service district” Repealed: 2021, c.44, s.1
“Minister” means the Minister of Local Government and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“municipal plan” means a municipal plan under section 21.(plan municipal)
“non-conforming use” means a use of any land, building or structure, including a building or structure that is lawfully under construction or for which a development approval under this Act is in effect or for which a building permit under the Building Code Administration Act is in effect, that is not permitted by
(a) an existing or proposed zoning by-law or rural plan under section 33 or 44 for which a resolution under section 114 has been passed by the council and remains in effect, or
(b) an existing or proposed rural plan or zoning regulation under section 51 or 125 for which a notice has been published under paragraph 111(1)(b) and six months have not elapsed since the publication, if the use existed on the day the by-law was made, the plan or regulation was made, the resolution was passed or the notice was published.
“planner” means a member in good standing with the New Brunswick Association of Planners who is authorised to use the designation “Registered Professional Planner” or “RPP”.(urbaniste)
“region” means a region as defined in the Regional Service Delivery Act.(région)
“regional development” Repealed: 2021, c.44, s.1
“regional land use plan” means a regional land use plan under section 18.(plan régional en matière d’utilisation des terres)
“regional plan” Repealed: 2021, c.44, s.1
“regional service commission” means a regional service commission established under the Regional Service Delivery Act.(commission de services régionaux)
“registrar” means the registrar as defined in the Registry Act or the Land Titles Act, as the case may be. (registrateur)
“rural community” means a rural community incorporated or continued under the Local Governance Act.(communauté rurale)
“rural district” means a rural district as defined in subsection 1(1) of the Local Governance Act.(district rural)
“rural plan” means a rural plan under section 33 or 44 or a regulation under section 52, as the case may be.(plan rural)
“statement of provincial interest” Repealed: 2021, c.44, s.1
“statement of public interest” means a statement of public interest under section 13.(déclaration d’intérêt public)
“street” means the entire width between the boundary lines of a street, road or highway.(rue)
“subdivide” means to divide a parcel of land into two or more parcels.(lotir)
“type 1 subdivision” means a subdivision of land that is not a type 2 subdivision.(lotissement de type 1)
“type 2 subdivision” means a subdivision of land that requires the development of(lotissement de type 2)
(a) one or more streets, or
(b) a form of access other than a street and approved by an advisory committee or regional service commission as being advisable for the development of the land.
“use of land” includes the mining or excavation of sand, gravel, clay, shale, limestone or other deposits whether or not for the purpose of sale or other commercial use of the material mined or excavated.(usage des terrains)(affectation des terrains)
1(2)In this Act, a reference to a local government is a reference to the body corporate or to the area inside the territorial limits of the local government, as the context requires.
2020, c.8, s.28; 2020, c.25, s.29; 2021, c.44, s.1; 2023, c.40, s.15
Definitions and interpretation
1(1)The following definitions apply in this Act.
“abut” includes having access thereto directly.(attenant)
“advisory committee” means a planning advisory committee established under section 3.(comité consultatif)
“Board” means the Assessment and Planning Appeal Board established under the Assessment and Planning Appeal Board Act.(Commission)
“building inspector” means a building inspector as defined in the Building Code Administration Act.(inspecteur en bâtiment)
“building inspector” Repealed: 2020, c.8, s.28
“clerk” means a clerk of a local government appointed under the Local Governance Act. (greffier)
“council” means the mayor and councillors of a local government. (conseil)
“Crown” means the Crown in right of the Province. (Couronne)
“development” means(aménagement)
(a) the erecting, placing, relocating, removing, demolishing, altering, repairing or replacing of a building or structure other than utility poles and wires, traffic control devices and pipelines defined in the Pipeline Act, 2005 except for buildings and structures remote from a pipeline used for management and administration or housing or storing of moveable equipment or statutory notices,
(b) if the purpose for which land, buildings and structures are used is set out in a regional land use plan, municipal plan, rural plan, development scheme, zoning by-law or regulation, a change in the purpose for which the land, building or structure is used,
(c) any excavation of sand, gravel, clay, shale, limestone or other deposits for a development mentioned in paragraph (a) or for purposes of the sale or other commercial use of the material excavated, or
(d) the making of land by cutting or filling to a depth in excess of one metre, except in the case of laying pipelines defined in the Pipeline Act, 2005.
“development officer” means(agent d’aménagement)
(a) with respect to a local government that is providing its own land use planning service,
(i) the planning director appointed under paragraph 10(1)(b), or
(ii) the Director, if the Director is appointed as the development officer under paragraph 10(3)(a), or if paragraph 10(3)(b) applies, and
(b) with respect to a local government or a rural district that is not providing its own land use planning service, the planning director as defined in the Regional Service Delivery Act.
“development scheme” means a development scheme described in section 101.(projet d’aménagement)
“Director” means the Provincial Planning Director appointed under section 9.(directeur provincial)
“land for public purposes” means land, other than streets, for the recreational or other use or enjoyment of the general public.(terrain d’utilité publique)
“land registration office” means a registry office established under the Registry Act or a land titles office established under the Land Titles Act. (bureau d’enregistrement des biens-fonds)
“local government” means a municipality, rural community or regional municipality. (gouvernement local )
“local service district” Repealed: 2021, c.44, s.1
“Minister” means the Minister of Local Government and Local Governance Reform and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“municipal plan” means a municipal plan under section 21.(plan municipal)
“non-conforming use” means a use of any land, building or structure, including a building or structure that is lawfully under construction or for which a development approval under this Act is in effect or for which a building permit under the Building Code Administration Act is in effect, that is not permitted by
(a) an existing or proposed zoning by-law or rural plan under section 33 or 44 for which a resolution under section 114 has been passed by the council and remains in effect, or
(b) an existing or proposed rural plan or zoning regulation under section 51 or 125 for which a notice has been published under paragraph 111(1)(b) and six months have not elapsed since the publication, if the use existed on the day the by-law was made, the plan or regulation was made, the resolution was passed or the notice was published.
“planner” means a member in good standing with the New Brunswick Association of Planners who is authorised to use the designation “Registered Professional Planner” or “RPP”.(urbaniste)
“region” means a region as defined in the Regional Service Delivery Act.(région)
“regional development” Repealed: 2021, c.44, s.1
“regional land use plan” means a regional land use plan under section 18.(plan régional en matière d’utilisation des terres)
“regional plan” Repealed: 2021, c.44, s.1
“regional service commission” means a regional service commission established under the Regional Service Delivery Act.(commission de services régionaux)
“registrar” means the registrar as defined in the Registry Act or the Land Titles Act, as the case may be. (registrateur)
“rural community” means a rural community incorporated or continued under the Local Governance Act.(communauté rurale)
“rural district” means a rural district as defined in subsection 1(1) of the Local Governance Act.(district rural)
“rural plan” means a rural plan under section 33 or 44 or a regulation under section 52, as the case may be.(plan rural)
“statement of provincial interest” Repealed: 2021, c.44, s.1
“statement of public interest” means a statement of public interest under section 13.(déclaration d’intérêt public)
“street” means the entire width between the boundary lines of a street, road or highway.(rue)
“subdivide” means to divide a parcel of land into two or more parcels.(lotir)
“type 1 subdivision” means a subdivision of land that is not a type 2 subdivision.(lotissement de type 1)
“type 2 subdivision” means a subdivision of land that requires the development of(lotissement de type 2)
(a) one or more streets, or
(b) a form of access other than a street and approved by an advisory committee or regional service commission as being advisable for the development of the land.
“use of land” includes the mining or excavation of sand, gravel, clay, shale, limestone or other deposits whether or not for the purpose of sale or other commercial use of the material mined or excavated.(usage des terrains)(affectation des terrains)
1(2)In this Act, a reference to a local government is a reference to the body corporate or to the area inside the territorial limits of the local government, as the context requires.
2020, c.8, s.28; 2020, c.25, s.29; 2021, c.44, s.1
Definitions and interpretation
1(1)The following definitions apply in this Act.
“abut” includes having access thereto directly.(attenant)
“advisory committee” means a planning advisory committee established under section 3.(comité consultatif)
“Board” means the Assessment and Planning Appeal Board established under the Assessment and Planning Appeal Board Act.(Commission)
“building inspector” means a building inspector as defined in the Building Code Administration Act.(inspecteur en bâtiment)
“building inspector” Repealed: 2020, c.8, s.28
“clerk” means a clerk of a local government appointed under the Local Governance Act. (greffier)
“council” means the mayor and councillors of a local government. (conseil)
“Crown” means the Crown in right of the Province. (Couronne)
“development” means(aménagement)
(a) the erecting, placing, relocating, removing, demolishing, altering, repairing or replacing of a building or structure other than utility poles and wires, traffic control devices and pipelines defined in the Pipeline Act, 2005 except for buildings and structures remote from a pipeline used for management and administration or housing or storing of moveable equipment or statutory notices,
(b) if the purpose for which land, buildings and structures are used is set out in a regional plan, municipal plan, rural plan, development scheme, zoning by-law or regulation, a change in the purpose for which the land, building or structure is used,
(c) any excavation of sand, gravel, clay, shale, limestone or other deposits for a development mentioned in paragraph (a) or for purposes of the sale or other commercial use of the material excavated, or
(d) the making of land by cutting or filling to a depth in excess of one metre, except in the case of laying pipelines defined in the Pipeline Act, 2005.
“development officer” means (agent d’aménagement)
(a) with respect to a local government that is providing its own land use planning service,
(i) the planning director, if one has been appointed under subsection 10(1), or
(ii) the Director, if there are regional developments or, in the case of a village, the Director, if he or she is appointed as the development officer under paragraph 10(3)(a) or if paragraph 10(3)(b) applies, and
(b) with respect to a local government or a local service district that is not providing its own land use planning service, the planning director as defined in the Regional Service Delivery Act.
“development scheme” means a development scheme described in section 101.(projet d’aménagement)
“Director” means the Provincial Planning Director appointed under section 9.(directeur provincial)
“land for public purposes” means land, other than streets, for the recreational or other use or enjoyment of the general public.(terrain d’utilité publique)
“land registration office” means a registry office established under the Registry Act or a land titles office established under the Land Titles Act. (bureau d’enregistrement des biens-fonds)
“local government” means a municipality, rural community or regional municipality. (gouvernement local )
“local service district” means an unincorporated area inside the territorial limits defined by regulation under the Local Governance Act. (district de services locaux)
“Minister” means the Minister of Local Government and Local Governance Reform and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“municipal plan” means a municipal plan under section 21.(plan municipal)
“non-conforming use” means a use of any land, building or structure, including that which is lawfully under construction or for which a building permit under the Building Code Administration Act to undertake construction is in effect, that is not permitted by (usage non conforme)
(a) an existing or proposed zoning by-law or rural plan under section 33 or 44 for which a resolution under section 114 has been passed by the council and remains in effect, or
(b) an existing or proposed rural plan or zoning regulation under section 51 or 125 for which a notice has been published under paragraph 111(1)(b) and six months have not elapsed since the publication, if the use existed on the day the by-law was made, the plan or regulation was made, the resolution was passed or the notice was published.
“planner” means an individual who is entitled to use the designation MCIP or FCIP under the by-laws of the Canadian Institute of Planners or a planner as defined in the Regional Service Delivery Act.(urbaniste)
“region” means a region as defined in the Regional Service Delivery Act.(région)
“regional development” means a development(aménagement régional)
(a) which is identified in a regional plan as being subject to approval in relation to standards described in the plan for the development, and
(b) for which approval is not required under section 108.
“regional plan” means a regional plan under section 18.(plan régional)
“regional service commission” means a regional service commission established under the Regional Service Delivery Act.(commission de services régionaux)
“registrar” means the registrar as defined in the Registry Act or the Land Titles Act, as the case may be. (registrateur)
“rural community” means a rural community incorporated or continued under the Local Governance Act.(communauté rurale)
“rural plan” means a rural plan under section 33 or 44 or a regulation under section 52, as the case may be.(plan rural)
“statement of provincial interest” means a statement of provincial interest under section 13.(déclaration d’intérêt provincial)
“street” means the entire width between the boundary lines of a street, road or highway.(rue)
“subdivide” means to divide a parcel of land into two or more parcels.(lotir)
“type 1 subdivision” means a subdivision of land that is not a type 2 subdivision.(lotissement de type 1)
“type 2 subdivision” means a subdivision of land that requires the development of(lotissement de type 2)
(a) one or more streets, or
(b) a form of access other than a street and approved by an advisory committee or regional service commission as being advisable for the development of the land.
“use of land” includes the mining or excavation of sand, gravel, clay, shale, limestone or other deposits whether or not for the purpose of sale or other commercial use of the material mined or excavated.(usage des terrains)(affectation des terrains)
1(2)In this Act, a reference to a local government is a reference to the body corporate or to the area inside the territorial limits of the local government, as the context requires.
2020, c.8, s.28; 2020, c.25, s.29
Definitions and interpretation
1(1)The following definitions apply in this Act.
“abut” includes having access thereto directly.(attenant)
“advisory committee” means a planning advisory committee established under section 3.(comité consultatif)
“Board” means the Assessment and Planning Appeal Board established under the Assessment and Planning Appeal Board Act.(Commission)
“building inspector” means(inspecteur des constructions)
(a) a person who has the primary responsibility under a regional service commission for the enforcement of a local government by-law or the primary responsibility under provincial law with respect to building and construction within the region, and
(b) a person appointed under subsection 71(2) of the Local Governance Act.
“clerk” means a clerk of a local government appointed under the Local Governance Act. (greffier)
“council” means the mayor and councillors of a local government. (conseil)
“Crown” means the Crown in right of the Province. (Couronne)
“development” means(aménagement)
(a) the erecting, placing, relocating, removing, demolishing, altering, repairing or replacing of a building or structure other than utility poles and wires, traffic control devices and pipelines defined in the Pipeline Act, 2005 except for buildings and structures remote from a pipeline used for management and administration or housing or storing of moveable equipment or statutory notices,
(b) if the purpose for which land, buildings and structures are used is set out in a regional plan, municipal plan, rural plan, development scheme, zoning by-law or regulation, a change in the purpose for which the land, building or structure is used,
(c) any excavation of sand, gravel, clay, shale, limestone or other deposits for a development mentioned in paragraph (a) or for purposes of the sale or other commercial use of the material excavated, or
(d) the making of land by cutting or filling to a depth in excess of one metre, except in the case of laying pipelines defined in the Pipeline Act, 2005.
“development officer” means (agent d’aménagement)
(a) with respect to a local government that is providing its own land use planning service,
(i) the planning director, if one has been appointed under subsection 10(1), or
(ii) the Director, if there are regional developments or, in the case of a village, the Director, if he or she is appointed as the development officer under paragraph 10(3)(a) or if paragraph 10(3)(b) applies, and
(b) with respect to a local government or a local service district that is not providing its own land use planning service, the planning director as defined in the Regional Service Delivery Act.
“development scheme” means a development scheme described in section 101.(projet d’aménagement)
“Director” means the Provincial Planning Director appointed under section 9.(directeur provincial)
“land for public purposes” means land, other than streets, for the recreational or other use or enjoyment of the general public.(terrain d’utilité publique)
“land registration office” means a registry office established under the Registry Act or a land titles office established under the Land Titles Act. (bureau d’enregistrement des biens-fonds)
“local government” means a municipality, rural community or regional municipality. (gouvernement local )
“local service district” means an unincorporated area inside the territorial limits defined by regulation under the Local Governance Act. (district de services locaux)
“Minister” means the Minister of Local Government and Local Governance Reform and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“municipal plan” means a municipal plan under section 21.(plan municipal)
“non-conforming use” means a use of any land, building or structure, including that which is lawfully under construction or for which a building permit or a development and building permit to undertake construction is in effect, that is not permitted by (usage non conforme)
(a) an existing or proposed zoning by-law or rural plan under section 33 or 44 for which a resolution under section 114 has been passed by the council and remains in effect, or
(b) an existing or proposed rural plan or zoning regulation under section 51 or 125 for which a notice has been published under paragraph 111(1)(b) and six months have not elapsed since the publication, if the use existed on the day the by-law was made, the plan or regulation was made, the resolution was passed or the notice was published.
“planner” means an individual who is entitled to use the designation MCIP or FCIP under the by-laws of the Canadian Institute of Planners or a planner as defined in the Regional Service Delivery Act.(urbaniste)
“region” means a region as defined in the Regional Service Delivery Act.(région)
“regional development” means a development(aménagement régional)
(a) which is identified in a regional plan as being subject to approval in relation to standards described in the plan for the development, and
(b) for which approval is not required under section 108.
“regional plan” means a regional plan under section 18.(plan régional)
“regional service commission” means a regional service commission established under the Regional Service Delivery Act.(commission de services régionaux)
“registrar” means the registrar as defined in the Registry Act or the Land Titles Act, as the case may be. (registrateur)
“rural community” means a rural community incorporated or continued under the Local Governance Act.(communauté rurale)
“rural plan” means a rural plan under section 33 or 44 or a regulation under section 52, as the case may be.(plan rural)
“statement of provincial interest” means a statement of provincial interest under section 13.(déclaration d’intérêt provincial)
“street” means the entire width between the boundary lines of a street, road or highway.(rue)
“subdivide” means to divide a parcel of land into two or more parcels.(lotir)
“type 1 subdivision” means a subdivision of land that is not a type 2 subdivision.(lotissement de type 1)
“type 2 subdivision” means a subdivision of land that requires the development of(lotissement de type 2)
(a) one or more streets, or
(b) a form of access other than a street and approved by an advisory committee or regional service commission as being advisable for the development of the land.
“use of land” includes the mining or excavation of sand, gravel, clay, shale, limestone or other deposits whether or not for the purpose of sale or other commercial use of the material mined or excavated.(usage des terrains)(affectation des terrains)
1(2)In this Act, a reference to a local government is a reference to the body corporate or to the area inside the territorial limits of the local government, as the context requires.
2020, c.25, s.29
Definitions and interpretation
1(1)The following definitions apply in this Act.
“abut” includes having access thereto directly.(attenant)
“advisory committee” means a planning advisory committee established under section 3.(comité consultatif)
“Board” means the Assessment and Planning Appeal Board established under the Assessment and Planning Appeal Board Act.(Commission)
“building inspector” means(inspecteur des constructions)
(a) a person who has the primary responsibility under a regional service commission for the enforcement of a local government by-law or the primary responsibility under provincial law with respect to building and construction within the region, and
(b) a person appointed under subsection 71(2) of the Local Governance Act.
“clerk” means a clerk of a local government appointed under the Local Governance Act. (greffier)
“council” means the mayor and councillors of a local government. (conseil)
“Crown” means the Crown in right of the Province. (Couronne)
“development” means(aménagement)
(a) the erecting, placing, relocating, removing, demolishing, altering, repairing or replacing of a building or structure other than utility poles and wires, traffic control devices and pipelines defined in the Pipeline Act, 2005 except for buildings and structures remote from a pipeline used for management and administration or housing or storing of moveable equipment or statutory notices,
(b) if the purpose for which land, buildings and structures are used is set out in a regional plan, municipal plan, rural plan, development scheme, zoning by-law or regulation, a change in the purpose for which the land, building or structure is used,
(c) any excavation of sand, gravel, clay, shale, limestone or other deposits for a development mentioned in paragraph (a) or for purposes of the sale or other commercial use of the material excavated, or
(d) the making of land by cutting or filling to a depth in excess of one metre, except in the case of laying pipelines defined in the Pipeline Act, 2005.
“development officer” means (agent d’aménagement)
(a) with respect to a local government that is providing its own land use planning service,
(i) the planning director, if one has been appointed under subsection 10(1), or
(ii) the Director, if there are regional developments or, in the case of a village, the Director, if he or she is appointed as the development officer under paragraph 10(3)(a) or if paragraph 10(3)(b) applies, and
(b) with respect to a local government or a local service district that is not providing its own land use planning service, the planning director as defined in the Regional Service Delivery Act.
“development scheme” means a development scheme described in section 101.(projet d’aménagement)
“Director” means the Provincial Planning Director appointed under section 9.(directeur provincial)
“land for public purposes” means land, other than streets, for the recreational or other use or enjoyment of the general public.(terrain d’utilité publique)
“land registration office” means a registry office established under the Registry Act or a land titles office established under the Land Titles Act. (bureau d’enregistrement des biens-fonds)
“local government” means a municipality, rural community or regional municipality. (gouvernement local )
“local service district” means an unincorporated area inside the territorial limits defined by regulation under the Local Governance Act. (district de services locaux)
“Minister” means the Minister of Environment and Local Government and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“municipal plan” means a municipal plan under section 21.(plan municipal)
“non-conforming use” means a use of any land, building or structure, including that which is lawfully under construction or for which a building permit or a development and building permit to undertake construction is in effect, that is not permitted by (usage non conforme)
(a) an existing or proposed zoning by-law or rural plan under section 33 or 44 for which a resolution under section 114 has been passed by the council and remains in effect, or
(b) an existing or proposed rural plan or zoning regulation under section 51 or 125 for which a notice has been published under paragraph 111(1)(b) and six months have not elapsed since the publication, if the use existed on the day the by-law was made, the plan or regulation was made, the resolution was passed or the notice was published.
“planner” means an individual who is entitled to use the designation MCIP or FCIP under the by-laws of the Canadian Institute of Planners or a planner as defined in the Regional Service Delivery Act.(urbaniste)
“region” means a region as defined in the Regional Service Delivery Act.(région)
“regional development” means a development(aménagement régional)
(a) which is identified in a regional plan as being subject to approval in relation to standards described in the plan for the development, and
(b) for which approval is not required under section 108.
“regional plan” means a regional plan under section 18.(plan régional)
“regional service commission” means a regional service commission established under the Regional Service Delivery Act.(commission de services régionaux)
“registrar” means the registrar as defined in the Registry Act or the Land Titles Act, as the case may be. (registrateur)
“rural community” means a rural community incorporated or continued under the Local Governance Act.(communauté rurale)
“rural plan” means a rural plan under section 33 or 44 or a regulation under section 52, as the case may be.(plan rural)
“statement of provincial interest” means a statement of provincial interest under section 13.(déclaration d’intérêt provincial)
“street” means the entire width between the boundary lines of a street, road or highway.(rue)
“subdivide” means to divide a parcel of land into two or more parcels.(lotir)
“type 1 subdivision” means a subdivision of land that is not a type 2 subdivision.(lotissement de type 1)
“type 2 subdivision” means a subdivision of land that requires the development of(lotissement de type 2)
(a) one or more streets, or
(b) a form of access other than a street and approved by an advisory committee or regional service commission as being advisable for the development of the land.
“use of land” includes the mining or excavation of sand, gravel, clay, shale, limestone or other deposits whether or not for the purpose of sale or other commercial use of the material mined or excavated.(usage des terrains)(affectation des terrains)
1(2)In this Act, a reference to a local government is a reference to the body corporate or to the area inside the territorial limits of the local government, as the context requires.
Definitions and interpretation
1(1)The following definitions apply in this Act.
“abut” includes having access thereto directly.(attenant)
“advisory committee” means a planning advisory committee established under section 3.(comité consultatif)
“Board” means the Assessment and Planning Appeal Board established under the Assessment and Planning Appeal Board Act.(Commission)
“building inspector” means(inspecteur des constructions)
(a) a person who has the primary responsibility under a regional service commission for the enforcement of a local government by-law or the primary responsibility under provincial law with respect to building and construction within the region, and
(b) a person appointed under subsection 71(2) of the Local Governance Act.
“clerk” means a clerk of a local government appointed under the Local Governance Act. (greffier)
“council” means the mayor and councillors of a local government. (conseil)
“Crown” means the Crown in right of the Province. (Couronne)
“development” means(aménagement)
(a) the erecting, placing, relocating, removing, demolishing, altering, repairing or replacing of a building or structure other than utility poles and wires, traffic control devices and pipelines defined in the Pipeline Act, 2005 except for buildings and structures remote from a pipeline used for management and administration or housing or storing of moveable equipment or statutory notices,
(b) if the purpose for which land, buildings and structures are used is set out in a regional plan, municipal plan, rural plan, development scheme, zoning by-law or regulation, a change in the purpose for which the land, building or structure is used,
(c) any excavation of sand, gravel, clay, shale, limestone or other deposits for a development mentioned in paragraph (a) or for purposes of the sale or other commercial use of the material excavated, or
(d) the making of land by cutting or filling to a depth in excess of one metre, except in the case of laying pipelines defined in the Pipeline Act, 2005.
“development officer” means (agent d’aménagement)
(a) with respect to a local government that is providing its own land use planning service,
(i) the planning director, if one has been appointed under subsection 10(1), or
(ii) the Director, if there are regional developments or, in the case of a village, the Director, if he or she is appointed as the development officer under paragraph 10(3)(a) or if paragraph 10(3)(b) applies, and
(b) with respect to a local government or a local service district that is not providing its own land use planning service, the planning director as defined in the Regional Service Delivery Act.
“development scheme” means a development scheme described in section 101.(projet d’aménagement)
“Director” means the Provincial Planning Director appointed under section 9.(directeur provincial)
“land for public purposes” means land, other than streets, for the recreational or other use or enjoyment of the general public.(terrain d’utilité publique)
“land registration office” means a registry office established under the Registry Act or a land titles office established under the Land Titles Act. (bureau d’enregistrement des biens-fonds)
“local government” means a municipality, rural community or regional municipality. (gouvernement local )
“local service district” means an unincorporated area inside the territorial limits defined by regulation under the Local Governance Act. (district de services locaux)
“Minister” means the Minister of Environment and Local Government and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“municipal plan” means a municipal plan under section 21.(plan municipal)
“non-conforming use” means a use of any land, building or structure, including that which is lawfully under construction or for which a building permit or a development and building permit to undertake construction is in effect, that is not permitted by (usage non conforme)
(a) an existing or proposed zoning by-law or rural plan under section 33 or 44 for which a resolution under section 114 has been passed by the council and remains in effect, or
(b) an existing or proposed rural plan or zoning regulation under section 51 or 125 for which a notice has been published under paragraph 111(1)(b) and six months have not elapsed since the publication, if the use existed on the day the by-law was made, the plan or regulation was made, the resolution was passed or the notice was published.
“planner” means an individual who is entitled to use the designation MCIP or FCIP under the by-laws of the Canadian Institute of Planners or a planner as defined in the Regional Service Delivery Act.(urbaniste)
“region” means a region as defined in the Regional Service Delivery Act.(région)
“regional development” means a development(aménagement régional)
(a) which is identified in a regional plan as being subject to approval in relation to standards described in the plan for the development, and
(b) for which approval is not required under section 108.
“regional plan” means a regional plan under section 18.(plan régional)
“regional service commission” means a regional service commission established under the Regional Service Delivery Act.(commission de services régionaux)
“registrar” means the registrar as defined in the Registry Act or the Land Titles Act, as the case may be. (registrateur)
“rural community” means a rural community incorporated or continued under the Local Governance Act.(communauté rurale)
“rural plan” means a rural plan under section 33 or 44 or a regulation under section 52, as the case may be.(plan rural)
“statement of provincial interest” means a statement of provincial interest under section 13.(déclaration d’intérêt provincial)
“street” means the entire width between the boundary lines of a street, road or highway.(rue)
“subdivide” means to divide a parcel of land into two or more parcels.(lotir)
“type 1 subdivision” means a subdivision of land that is not a type 2 subdivision.(lotissement de type 1)
“type 2 subdivision” means a subdivision of land that requires the development of(lotissement de type 2)
(a) one or more streets, or
(b) a form of access other than a street and approved by an advisory committee or regional service commission as being advisable for the development of the land.
“use of land” includes the mining or excavation of sand, gravel, clay, shale, limestone or other deposits whether or not for the purpose of sale or other commercial use of the material mined or excavated.(usage des terrains)(affectation des terrains)
1(2)In this Act, a reference to a local government is a reference to the body corporate or to the area inside the territorial limits of the local government, as the context requires.