Acts and Regulations

2017, c.19 - Community Planning Act

Section 108
Disposition versions

Full text
Approval for a development
2021, c.44, s.1
108(0.1)Except as otherwise provided in this section, no person shall undertake a development and no building permit shall be issued under the Building Code Administration Act for a development, unless the development officer having jurisdiction grants an approval for the development.
108(1)Before granting an approval for a development, the development officer having jurisdiction shall ensure that the development, in relation to the land on which the development is located,
(a) conforms with any regional land use plan in effect,
(b) conforms with any municipal plan, rural plan or development scheme
(i) in effect,
(ii) in respect of which the adopting by-law has been the subject of a resolution under paragraph 111(1)(a), or
(iii) in respect of which the council has given notice under paragraph 111(1)(b),
(c) subject to paragraph (b), complies with any zoning or deferred widening or controlled access street by-law or regulation
(i) in effect,
(ii) in respect of which the council has passed a resolution under section 114, or
(iii) in respect of which the council has given notice under paragraph 111(1)(b),
(d) complies with any agreement entered into under paragraph 59(1)(b) or subsection 65(2), 75(4), 92(1), 96(3.1), 102(5) or 131(1),
(e) complies with any regulation under paragraph 125(1)(j),
(i) in effect, or
(ii) in respect of which the Minister has given notice in accordance with paragraph 111(1)(b), and
(f) complies with any other requirements prescribed by regulation.
108(2)The provisions of subparagraphs (1)(a)(ii), (iii) and (1)(b)(ii) cease to apply
(a) in the case of a resolution under paragraph 111(1)(a), when the by-law becomes valid or when it fails to become valid because of the operation of subsection 111(6) or because the council does not meet the requirement of paragraph 112(1)(b) within a reasonable time,
(b) in the case of a resolution under section 114, as provided in subsection (1) of that section, and
(c) in the case of a notice, six months after the day the notice was published.
108(3)A permit under this Act, the approval of a development or a poster or placard in lieu of the permit or approval shall be posted in a prominent place on the property in respect of which the approval is given or the permit issued by the person who obtained the approval or is named in the permit.
108(4)This section does not apply to types of development exempted under paragraph 53(2)(n) or by a regulation under this Act.
108(5)If a development officer has reason to believe that land has been subdivided in violation of subsection 79(3), the development officer shall not approve a development in relation to the land unless the development officer is satisfied that the person applying for the approval is
(a) the registered owner of an interest in the land to which the development relates, or
(b) the duly authorized agent of the owner referred to in paragraph (a).
108(6)A development officer who is a planning director as defined in the Regional Service Delivery Act or who is a planning director appointed under this Act, may delegate the powers vested in the development officer by this section.
2020, c.8, s.28; 2021, c.44, s.1
Construction freeze
108(1)Except as otherwise provided in this section, no person shall undertake a development and no building permit under the Building Code Administration Act shall be issued for the development unless the development officer having jurisdiction approves the development as conforming with, if it applies to the land on which the development is located,
(a) a municipal plan, rural plan or development scheme
(i) in effect,
(ii) in respect of which the adopting by-law has been the subject of a resolution under paragraph 111(1)(a), or
(iii) in respect of which the Minister has published a notice under paragraph 111(1)(b);
(b) subject to paragraph (a), a zoning or deferred widening or controlled access street by-law or regulation
(i) in effect,
(ii) in respect of which the council has passed a resolution under section 114, or
(iii) in respect to which the Minister has published a notice under paragraph 111(1)(b);
(c) a regulation under subsection 125(1)(j),
(i) in effect, or
(ii) in respect of which the Minister has published a notice under paragraph 111(1)(b);
(d) any other matters prescribed by regulation.
108(2)The provisions of subparagraphs (1)(a)(ii), (iii) and (1)(b)(ii) cease to apply
(a) in the case of a resolution under paragraph 111(1)(a), when the by-law becomes valid or when it fails to become valid because of the operation of subsection 111(6) or because the council does not meet the requirement of paragraph 112(1)(b) within a reasonable time,
(b) in the case of a resolution under section 114, as provided in subsection (1) of that section, and
(c) in the case of a notice, six months after the day the notice was published.
108(3)A permit under this Act, the approval of a regional development or a poster or placard in lieu of the permit or approval shall be posted in a prominent place on the property in respect of which the approval is given or the permit issued by the person who obtained the approval or is named in the permit.
108(4)This section does not apply to types of development exempted under paragraph 53(2)(n) or by a regulation under this Act.
108(5)If a development officer has reason to believe that land has been subdivided in violation of subsection 79(3), the development officer shall not approve a development in relation to the land unless he or she is satisfied that the person applying for the approval is
(a) the registered owner of an interest in the land to which the development relates, or
(b) the duly authorized agent of the owner referred to in paragraph (a).
108(6)With respect to powers vested a development officer by this section, a development officer may
(a) if the development officer is a planning director as defined in the Regional Service Delivery Act or a planning director appointed under this Act, delegate the powers, or
(b) if the development officer is a planning officer, delegate the powers if authorized in writing by the Minister.
2020, c.8, s.28
Construction freeze
108(1)Except as otherwise provided in this section, no person shall undertake a development and no building permit or development and building permit shall be issued for the development unless the development officer having jurisdiction approves the development as conforming with, if it applies to the land on which the development is located,
(a) a municipal plan, rural plan or development scheme
(i) in effect,
(ii) in respect of which the adopting by-law has been the subject of a resolution under paragraph 111(1)(a), or
(iii) in respect of which the Minister has published a notice under paragraph 111(1)(b);
(b) subject to paragraph (a), a zoning or deferred widening or controlled access street by-law or regulation
(i) in effect,
(ii) in respect of which the council has passed a resolution under section 114, or
(iii) in respect to which the Minister has published a notice under paragraph 111(1)(b);
(c) a regulation under subsection 125(1)(j),
(i) in effect, or
(ii) in respect of which the Minister has published a notice under paragraph 111(1)(b);
(d) any other matters prescribed by regulation.
108(2)The provisions of subparagraphs (1)(a)(ii), (iii) and (1)(b)(ii) cease to apply
(a) in the case of a resolution under paragraph 111(1)(a), when the by-law becomes valid or when it fails to become valid because of the operation of subsection 111(6) or because the council does not meet the requirement of paragraph 112(1)(b) within a reasonable time,
(b) in the case of a resolution under section 114, as provided in subsection (1) of that section, and
(c) in the case of a notice, six months after the day the notice was published.
108(3)A permit under this Act, the approval of a regional development or a poster or placard in lieu of the permit or approval shall be posted in a prominent place on the property in respect of which the approval is given or the permit issued by the person who obtained the approval or is named in the permit.
108(4)This section does not apply to types of development exempted under paragraph 53(2)(n) or by a regulation under this Act.
108(5)If a development officer has reason to believe that land has been subdivided in violation of subsection 79(3), the development officer shall not approve a development in relation to the land unless he or she is satisfied that the person applying for the approval is
(a) the registered owner of an interest in the land to which the development relates, or
(b) the duly authorized agent of the owner referred to in paragraph (a).
108(6)With respect to powers vested a development officer by this section, a development officer may
(a) if the development officer is a planning director as defined in the Regional Service Delivery Act or a planning director appointed under this Act, delegate the powers, or
(b) if the development officer is a planning officer, delegate the powers if authorized in writing by the Minister.
Construction freeze
108(1)Except as otherwise provided in this section, no person shall undertake a development and no building permit or development and building permit shall be issued for the development unless the development officer having jurisdiction approves the development as conforming with, if it applies to the land on which the development is located,
(a) a municipal plan, rural plan or development scheme
(i) in effect,
(ii) in respect of which the adopting by-law has been the subject of a resolution under paragraph 111(1)(a), or
(iii) in respect of which the Minister has published a notice under paragraph 111(1)(b);
(b) subject to paragraph (a), a zoning or deferred widening or controlled access street by-law or regulation
(i) in effect,
(ii) in respect of which the council has passed a resolution under section 114, or
(iii) in respect to which the Minister has published a notice under paragraph 111(1)(b);
(c) a regulation under subsection 125(1)(j),
(i) in effect, or
(ii) in respect of which the Minister has published a notice under paragraph 111(1)(b);
(d) any other matters prescribed by regulation.
108(2)The provisions of subparagraphs (1)(a)(ii), (iii) and (1)(b)(ii) cease to apply
(a) in the case of a resolution under paragraph 111(1)(a), when the by-law becomes valid or when it fails to become valid because of the operation of subsection 111(6) or because the council does not meet the requirement of paragraph 112(1)(b) within a reasonable time,
(b) in the case of a resolution under section 114, as provided in subsection (1) of that section, and
(c) in the case of a notice, six months after the day the notice was published.
108(3)A permit under this Act, the approval of a regional development or a poster or placard in lieu of the permit or approval shall be posted in a prominent place on the property in respect of which the approval is given or the permit issued by the person who obtained the approval or is named in the permit.
108(4)This section does not apply to types of development exempted under paragraph 53(2)(n) or by a regulation under this Act.
108(5)If a development officer has reason to believe that land has been subdivided in violation of subsection 79(3), the development officer shall not approve a development in relation to the land unless he or she is satisfied that the person applying for the approval is
(a) the registered owner of an interest in the land to which the development relates, or
(b) the duly authorized agent of the owner referred to in paragraph (a).
108(6)With respect to powers vested a development officer by this section, a development officer may
(a) if the development officer is a planning director as defined in the Regional Service Delivery Act or a planning director appointed under this Act, delegate the powers, or
(b) if the development officer is a planning officer, delegate the powers if authorized in writing by the Minister.