Acts and Regulations

2017, c.19 - Community Planning Act

Full text
Regulations re planning and development
125(1)Subject to this section, the Lieutenant-Governor in Council may make regulations
(a) governing the setting back of buildings and structures from the boundaries of streets or classes of streets;
(b) prescribing the location, layout, equipment, standards and licensing of mobile home parks and approving standards of mobile home sites and prescribing the fees to be paid by operators of mobile home parks;
(c) prescribing the location and dimensions of service stations, gas bars, car washes and automotive repair garages and approving standards of construction;
(d) prescribing the location and dimensions, purposes and licensing of public advertising signs and billboards and approving standards of construction and establishing fees for the purposes of public advertising signs and billboards;
(e) governing the excavation of sand, gravel, clay, shale, limestone or other deposits for purposes of the sale or other commercial use of the material excavated;
(f) respecting the subdividing of land;
(f.1) governing the location and dimensions of and residential density for lots;
(f.2) governing wastewater disposal;
(f.3) governing the location and construction of pool fences;
(g) respecting the building, dimensions, locating or relocating, demolishing, altering, structurally altering, repairing or replacing, or a combination of the work, of buildings and structures, including, without limiting the generality of the foregoing, standards for the work and the prohibiting of the undertaking or continuing of the work in violation of the standards;
(h) respecting development approvals, including, without limitation,
(i) the process with respect to applications for approvals and with respect to granting, suspending, reinstating and revoking approvals, including forms,
(ii) the terms and conditions on applications for approvals and on suspending, reinstating and revoking approvals,
(iii) the terms and conditions on granting approvals,
(iv) the fees for applications, approvals and for building inspection services,
(v) the provision of information with respect to approvals to the Executive Director of Assessment under the Assessment Act and the use to be made of the information;
(i) in a part of an area in which a regulation under paragraph (g) or (h) is in effect, prohibiting the issue of a wiring permit under the Electrical Installation and Inspection Act in respect of a development unless the applicant for the wiring permit delivers a copy of the approval for the development;
(j) respecting land use and development policies, including, without limiting the generality of the foregoing, policies respecting settlement patterns, commercial and industrial siting, parking, loading zones, flood plains and planning for coastal zones;
(k) in an area designated under subsection (3), governing anything, except a development scheme, or a combination of things that a council is empowered to do by by-law under this Act;
(l) respecting anything otherwise authorized by this Act.
125(2)If a fee is prescribed under paragraph (1)(h), the fee shall be paid, despite the Financial Administration Act, to the regional service commission 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.
125(3)Subject to subsections (4) and (7), the Lieutenant-Governor in Council may
(a) except in the case of a rural plan under section 51, designate an area or areas for the purpose of the application of a regulation under this section, thereby restricting, subject to paragraph (b), the application of the regulation accordingly, and
(b) with respect to a subdivision regulation, provide that the regulation applies throughout the Province exclusive of those areas identified in the regulation as not being subject to the regulation.
125(4)A regulation under this section
(a) subject to paragraph (b), is not effective in a municipality;
(b) if made under paragraph (1)(a) or (f), is effective in a village that is within an area in which it applies and
(i) in the case of a regulation under paragraph (1)(a), no zoning by-law or zoning provisions in a rural plan under section 33 are in effect in the village, or
(ii) in the case of a regulation under paragraph (1)(f), no subdivision by-law is in effect in the village; and
(c) is not effective in a rural community that has a by-law in effect respecting the same matter as the regulation.
125(5)Despite subsection (4), a regulation under paragraph (1)(j) is effective in a local government or local service district specified in the regulation.
125(6)Despite any other provision in this Act, if there is an inconsistency between a regulation under paragraph (1)(j) and a regional land use plan, rural plan, municipal plan or by-law or regulation under this Act, except a regulation establishing a statement of public interest, the regulation under paragraph (1)(j) prevails.
125(7)With respect to a regulation made under this section applicable in an area designated under subsection (3) or paragraph 52(1)(a), the regulation shall be consistent with a rural plan, if any, in effect in the area.
125(8)If a regulation under this section is in effect, the planning director as defined in the Regional Services Delivery Act is the development officer and the powers vested in a regional service commission under paragraph (9)(a) or (e), (10)(b) or (11)(b) shall be deemed to be vested in the regional service commission.
125(9)With respect to a zoning regulation or to zoning provisions in a rural plan under this section
(a) the powers and functions referred to in paragraphs 53(2)(g), (g.1) and (h) or paragraph 53(3)(c), with respect to particular uses of land, may be vested in a regional service commission,
(b) if the power referred to in subparagraph 53(2)(i)(ii) is provided for in the regulation, a letter from the Minister shall satisfy the requirement of clause 53(2)(i)(ii)(C),
(c) the power referred to in paragraph 53(2)(j) may be vested in a regional service commission and, if it is, subsection 53(9) applies with the necessary modifications to the regulation,
(d) if a fee referred to in paragraph 53(2)(l) is provided for in the regulation, it shall be paid into the Consolidated Fund, but may be returned in whole or in part on the advice of the Minister,
(e) the powers referred to in sections 55 and 56 with respect to certain proposed uses and variances shall be deemed to be vested in the relevant regional service commission or development officer, as the case may be, and
(f) if a person applies to the Minister to have an area of land re-zoned to permit the carrying out of a specific proposal,
(i) the Minister, in relation to the application, may make an order or enter into an agreement with the person, and
(ii) the provisions of section 59 with respect to a resolution or agreement under that section apply with the necessary modifications to an order or agreement made under this section.
125(10)A subdivision regulation under this section may
(a) subject to subsections (12) and (13), provide for
(i) the setting aside of land for public purposes at a location as may be approved by the Minister after consultation with the regional service commission, the indicating of the land on a subdivision plan and the vesting of the land in the Crown on the filing of the subdivision plan in the land registration office, and
(ii) the paying, at the discretion of the Minister, of money in lieu of land mentioned in subparagraph (i),
(b) vest in a regional service commission the power referred to in paragraph 75(1)(c) with respect to access,
(c) vest in a regional service commission the power referred to in paragraph 75(1)(k) with respect to approval of a subdivision plan,
(d) prescribe the fee to be paid for the approval of a tentative plan, including prescribing different fees for the approval of tentative plans for type 1 subdivisions and type 2 subdivisions,
(e) provide that the naming of streets in subdivisions is subject to the approval of the regional service commission, and
(f) add to the list of exemptions referred to in subsection 80(1) with respect to land in the area to which the regulation applies.
125(11)If a subdivision regulation under this section is in effect,
(a) the provisions of section 77 with respect to a subdivision by-law apply with the necessary modifications to the regulation, except if a plan involves the setting aside of land for public purposes, in which case the plan shall not be approved unless
(i) the location of the land has been recommended by the regional service commission, and
(ii) the plan has been approved and signed by the Minister,
(b) the powers mentioned in section 78 with respect to variance are vested in the regional service commission or development officer, as the case may be, and
(c) sections 79 and 80 apply with the necessary modifications to the regulation.
125(12)Land vested in the Crown under this section shall be held undeveloped or developed for public purposes and may, if subsequently included within the boundaries of a local government, be conveyed to the local government and the land shall be subject to all provisions of this Act affecting land for public purposes vested in a local government under this Act.
125(13)All money received by the Minister in lieu of land for public purposes or realized by the Minister on the sale of the land is to be paid into a special account, and the money in that account is to be expended by the Minister for acquiring or developing land for public purposes and for no other purpose, and
(a) pending the expenditure the money shall be invested and the earnings derived from the investments paid into the special account, and
(b) if a subdivision in respect of which money has been received is subsequently included within the boundaries of a local government, the portion of the money that remains unexpended, together with any increments that have accrued under paragraph (a), is to be paid to the local government of which the subdivision becomes a part, and is to be treated by the local government in the same manner as money received for a public purpose under a subdivision by-law.
125(14)Before making a regulation under this section, the Minister shall
(a) if the regulation would have effect in a region, request the regional service commission to give its views on the regulation,
(b) if the regulation is to be made under section 51 and would have effect in a rural district that has an advisory committee, request the advisory committee to give its views on the regulation, and
(c) follow, with the necessary modifications, the procedure preliminary to the making of a by-law under section 111, except if the regulation is to be made under paragraph (1)(a), (b), (f) or (g).
125(15)Despite paragraph (14)(c), with respect to a zoning regulation under subsection (1) or a rural plan under section 51, the provisions of section 111 shall not be read as requiring the Minister to make available for public consideration the proposed rural plan or amendment if the Minister makes available for public consideration a written summary of the proposed rural plan or amendment.
125(16)The Director shall file a copy of each regulation made under this section in the land registration office for every county in which any land affected by the regulation is situated, but the filing shall not be a condition precedent to the coming into force of the regulation.
2020, c.8, s.28; 2021, c.44, s.1
Regulations re planning and development
125(1)Subject to this section, the Lieutenant-Governor in Council may make regulations
(a) governing the setting back of buildings and structures from the boundaries of streets or classes of streets;
(b) prescribing the location, layout, equipment, standards and licensing of mobile home parks and approving standards of mobile home sites and prescribing the fees to be paid by operators of mobile home parks;
(c) prescribing the location and dimensions of service stations, gas bars, car washes and automotive repair garages and approving standards of construction;
(d) prescribing the location and dimensions, purposes and licensing of public advertising signs and billboards and approving standards of construction and establishing fees for the purposes of public advertising signs and billboards;
(e) governing the excavation of sand, gravel, clay, shale, limestone or other deposits for purposes of the sale or other commercial use of the material excavated;
(f) respecting the subdividing of land;
(g) respecting the building, locating or relocating, demolishing, altering, structurally altering, repairing or replacing, or a combination of the work, of buildings and structures, including, without limiting the generality of the foregoing, standards for the work and the prohibiting of the undertaking or continuing of the work in violation of the standards;
(h) respecting development permits, including, without limiting the generality of the foregoing, governing the application for the permits, the issuance, suspension, reinstatement or revocation of the permits, the terms and conditions of the issuance, suspension, reinstatement or revocation of the permits, the terms and conditions of the permits, the form of the application and the permits and prescribing the fees for the application and the permits and the fees for building inspection services and governing the provision of information with respect to the permits to the Executive Director of Assessment under the Assessment Act and the use to be made of the information;
(i) in a part of an area in which a regulation under paragraph (g) or (h) is in effect, prohibiting the issue of a wiring permit under the Electrical Installation and Inspection Act in respect of a development unless the applicant for the wiring permit delivers a copy of the development permit for the development;
(j) respecting land use and development policies, including, without limiting the generality of the foregoing, policies respecting settlement patterns, commercial and industrial siting, flood plains and planning for coastal zones;
(k) in an area designated under subsection (3), governing anything, except a development scheme, or a combination of things that a council is empowered to do by by-law under this Act;
(l) respecting anything otherwise authorized by this Act.
125(2)If a fee is prescribed under paragraph (1)(h), the fee shall be paid, despite the Financial Administration Act, to the regional service commission 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.
125(3)Subject to subsections (4) and (7), the Lieutenant-Governor in Council may
(a) except in the case of a rural plan under section 51, designate an area or areas for the purpose of the application of a regulation under this section, thereby restricting, subject to paragraph (b), the application of the regulation accordingly, and
(b) with respect to a subdivision regulation, provide that the regulation applies throughout the Province exclusive of those areas identified in the regulation as not being subject to the regulation.
125(4)A regulation under this section
(a) subject to paragraph (b), is not effective in a municipality;
(b) if made under paragraph (1)(a) or (f), is effective in a village that is within an area in which it applies and
(i) in the case of a regulation under paragraph (1)(a), no zoning by-law or zoning provisions in a rural plan under section 33 are in effect in the village, or
(ii) in the case of a regulation under paragraph (1)(f), no subdivision by-law is in effect in the village; and
(c) is not effective in a rural community that has a by-law in effect respecting the same matter as the regulation.
125(5)Despite subsection (4), a regulation under paragraph (1)(j) is effective in a local government or local service district specified in the regulation.
125(6)Despite any other provision in this Act, if there is an inconsistency between a regulation under paragraph (1)(j) and a regional plan, rural plan, municipal plan or by-law or regulation under this Act, except a regulation establishing a statement of provincial interest, the regulation under paragraph (1)(j) prevails.
125(7)With respect to a regulation made under this section applicable in an area designated under subsection (3) or paragraph 52(1)(a), the regulation shall be consistent with a rural plan, if any, in effect in the area.
125(8)If a regulation under this section is in effect, the planning director as defined in the Regional Services Delivery Act is the development officer and the powers vested in a regional service commission under paragraph (9)(a) or (e), (10)(b) or (11)(b) shall be deemed to be vested in the regional service commission.
125(9)With respect to a zoning regulation or to zoning provisions in a rural plan under this section
(a) the powers and functions referred to in paragraphs 53(2)(g) and (h) or paragraph 53(3)(c), with respect to particular uses of land, may be vested in a regional service commission,
(b) if the power referred to in subparagraph 53(2)(i)(ii) is provided for in the regulation, a letter from the Minister shall satisfy the requirement of clause 53(2)(i)(ii)(C),
(c) the power referred to in paragraph 53(2)(j) may be vested in a regional service commission and, if it is, subsection 53(9) applies with the necessary modifications to the regulation,
(d) if a fee referred to in paragraph 53(2)(l) is provided for in the regulation, it shall be paid into the Consolidated Fund, but may be returned in whole or in part on the advice of the Minister,
(e) the powers referred to in sections 55 and 56 with respect to certain proposed uses and variances shall be deemed to be vested in the relevant regional service commission or development officer, as the case may be, and
(f) if a person applies to the Minister to have an area of land re-zoned to permit the carrying out of a specific proposal,
(i) the Minister, in relation to the application, may make an order or enter into an agreement with the person, and
(ii) the provisions of section 59 with respect to a resolution or agreement under that section apply with the necessary modifications to an order or agreement made under this section.
125(10)A subdivision regulation under this section may
(a) subject to subsections (12) and (13), provide for
(i) the setting aside of land for public purposes at a location as may be approved by the Minister after consultation with the regional service commission, the indicating of the land on a subdivision plan and the vesting of the land in the Crown on the filing of the subdivision plan in the land registration office, and
(ii) the paying, at the discretion of the Minister, of money in lieu of land mentioned in subparagraph (i),
(b) vest in a regional service commission the power referred to in paragraph 75(1)(c) with respect to access,
(c) vest in a regional service commission the power referred to in paragraph 75(1)(k) with respect to approval of a subdivision plan,
(d) prescribe the fee to be paid for the approval of a tentative plan, including prescribing different fees for the approval of tentative plans for type 1 subdivisions and type 2 subdivisions,
(e) provide that the naming of streets in subdivisions is subject to the approval of the regional service commission, and
(f) add to the list of exemptions referred to in subsection 80(1) with respect to land in the area to which the regulation applies.
125(11)If a subdivision regulation under this section is in effect,
(a) the provisions of section 77 with respect to a subdivision by-law apply with the necessary modifications to the regulation, except if a plan involves the setting aside of land for public purposes, in which case the plan shall not be approved unless
(i) the location of the land has been recommended by the regional service commission, and
(ii) the plan has been approved and signed by the Minister,
(b) the powers mentioned in section 78 with respect to variance are vested in the regional service commission or development officer, as the case may be, and
(c) sections 79 and 80 apply with the necessary modifications to the regulation.
125(12)Land vested in the Crown under this section shall be held undeveloped or developed for public purposes and may, if subsequently included within the boundaries of a local government, be conveyed to the local government and the land shall be subject to all provisions of this Act affecting land for public purposes vested in a local government under this Act.
125(13)All money received by the Minister in lieu of land for public purposes or realized by him or her on the sale of the land is to be paid into a special account, and the money in that account is to be expended by the Minister for acquiring or developing land for public purposes and for no other purpose, and
(a) pending the expenditure the money shall be invested and the earnings derived from the investments paid into the special account, and
(b) if a subdivision in respect of which money has been received is subsequently included within the boundaries of a local government, the portion of the money that remains unexpended, together with any increments that have accrued under paragraph (a), is to be paid to the local government of which the subdivision becomes a part, and is to be treated by the local government in the same manner as money received for a public purpose under a subdivision by-law.
125(14)Before making a regulation under this section, the Minister shall
(a) if the regulation would have effect in a region, request the regional service commission to give its views on the regulation,
(b) if the regulation is to be made under section 51 and would have effect in a local service district that has an advisory committee, request the advisory committee to give its views on the regulation, and
(c) follow, with the necessary modifications, the procedure preliminary to the making of a by-law under section 111, except if the regulation is to be made under paragraph (1)(a), (b), (f) or (g).
125(15)Despite paragraph (14)(c), with respect to a zoning regulation under subsection (1) or a rural plan under section 51, the provisions of section 111 shall not be read as requiring the Minister to make available for public consideration the proposed rural plan or amendment if the Minister makes available for public consideration a written summary of the proposed rural plan or amendment.
125(16)The Director shall file a copy of each regulation made under this section in the land registration office for every county in which any land affected by the regulation is situated, but the filing shall not be a condition precedent to the coming into force of the regulation.
2020, c.8, s.28
Regulations re planning and development
125(1)Subject to this section, the Lieutenant-Governor in Council may make regulations
(a) governing the setting back of buildings and structures from the boundaries of streets or classes of streets;
(b) prescribing the location, layout, equipment, standards and licensing of mobile home parks and approving standards of mobile home sites and prescribing the fees to be paid by operators of mobile home parks;
(c) prescribing the location and dimensions of service stations, gas bars, car washes and automotive repair garages and approving standards of construction;
(d) prescribing the location and dimensions, purposes and licensing of public advertising signs and billboards and approving standards of construction and establishing fees for the purposes of public advertising signs and billboards;
(e) governing the excavation of sand, gravel, clay, shale, limestone or other deposits for purposes of the sale or other commercial use of the material excavated;
(f) respecting the subdividing of land;
(g) respecting the building, locating or relocating, demolishing, altering, structurally altering, repairing or replacing, or a combination of the work, of buildings and structures, including, without limiting the generality of the foregoing, standards for the work and the prohibiting of the undertaking or continuing of the work in violation of the standards;
(h) respecting development and building permits, including, without limiting the generality of the foregoing, governing the application for the permits, the issuance, suspension, reinstatement or revocation of the permits, the terms and conditions of the issuance, suspension, reinstatement or revocation of the permits, the terms and conditions of the permits, the form of the application and the permits and prescribing the fees for the application and the permits and the fees for building inspection services and governing the provision of information with respect to the permits to the Executive Director of Assessment under the Assessment Act and the use to be made of the information;
(i) in a part of an area in which a regulation under paragraph (g) or (h) is in effect, prohibiting the issue of a wiring permit under the Electrical Installation and Inspection Act in respect of a development unless the applicant for the wiring permit delivers a copy of the development and building permit for the development;
(j) respecting land use and development policies, including, without limiting the generality of the foregoing, policies respecting settlement patterns, commercial and industrial siting, flood plains and planning for coastal zones;
(k) in an area designated under subsection (3), governing anything, except a development scheme, or a combination of things that a council is empowered to do by by-law under this Act;
(l) respecting anything otherwise authorized by this Act.
125(2)If a fee is prescribed under paragraph (1)(h), the fee shall be paid, despite the Financial Administration Act, to the regional service commission 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.
125(3)Subject to subsections (4) and (7), the Lieutenant-Governor in Council may
(a) except in the case of a rural plan under section 51, designate an area or areas for the purpose of the application of a regulation under this section, thereby restricting, subject to paragraph (b), the application of the regulation accordingly, and
(b) with respect to a subdivision regulation, provide that the regulation applies throughout the Province exclusive of those areas identified in the regulation as not being subject to the regulation.
125(4)A regulation under this section
(a) subject to paragraph (b), is not effective in a municipality;
(b) if made under paragraph (1)(a) or (f), is effective in a village that is within an area in which it applies and
(i) in the case of a regulation under paragraph (1)(a), no zoning by-law or zoning provisions in a rural plan under section 33 are in effect in the village, or
(ii) in the case of a regulation under paragraph (1)(f), no subdivision by-law is in effect in the village; and
(c) is not effective in a rural community that has a by-law in effect respecting the same matter as the regulation.
125(5)Despite subsection (4), a regulation under paragraph (1)(j) is effective in a local government or local service district specified in the regulation.
125(6)Despite any other provision in this Act, if there is an inconsistency between a regulation under paragraph (1)(j) and a regional plan, rural plan, municipal plan or by-law or regulation under this Act, except a regulation establishing a statement of provincial interest, the regulation under paragraph (1)(j) prevails.
125(7)With respect to a regulation made under this section applicable in an area designated under subsection (3) or paragraph 52(1)(a), the regulation shall be consistent with a rural plan, if any, in effect in the area.
125(8)If a regulation under this section is in effect, the planning director as defined in the Regional Services Delivery Act is the development officer and the powers vested in a regional service commission under paragraph (9)(a) or (e), (10)(b) or (11)(b) shall be deemed to be vested in the regional service commission.
125(9)With respect to a zoning regulation or to zoning provisions in a rural plan under this section
(a) the powers and functions referred to in paragraphs 53(2)(g) and (h) or paragraph 53(3)(c), with respect to particular uses of land, may be vested in a regional service commission,
(b) if the power referred to in subparagraph 53(2)(i)(ii) is provided for in the regulation, a letter from the Minister shall satisfy the requirement of clause 53(2)(i)(ii)(C),
(c) the power referred to in paragraph 53(2)(j) may be vested in a regional service commission and, if it is, subsection 53(9) applies with the necessary modifications to the regulation,
(d) if a fee referred to in paragraph 53(2)(l) is provided for in the regulation, it shall be paid into the Consolidated Fund, but may be returned in whole or in part on the advice of the Minister,
(e) the powers referred to in sections 55 and 56 with respect to certain proposed uses and variances shall be deemed to be vested in the relevant regional service commission or development officer, as the case may be, and
(f) if a person applies to the Minister to have an area of land re-zoned to permit the carrying out of a specific proposal,
(i) the Minister, in relation to the application, may make an order or enter into an agreement with the person, and
(ii) the provisions of section 59 with respect to a resolution or agreement under that section apply with the necessary modifications to an order or agreement made under this section.
125(10)A subdivision regulation under this section may
(a) subject to subsections (12) and (13), provide for
(i) the setting aside of land for public purposes at a location as may be approved by the Minister after consultation with the regional service commission, the indicating of the land on a subdivision plan and the vesting of the land in the Crown on the filing of the subdivision plan in the land registration office, and
(ii) the paying, at the discretion of the Minister, of money in lieu of land mentioned in subparagraph (i),
(b) vest in a regional service commission the power referred to in paragraph 75(1)(c) with respect to access,
(c) vest in a regional service commission the power referred to in paragraph 75(1)(k) with respect to approval of a subdivision plan,
(d) prescribe the fee to be paid for the approval of a tentative plan, including prescribing different fees for the approval of tentative plans for type 1 subdivisions and type 2 subdivisions,
(e) provide that the naming of streets in subdivisions is subject to the approval of the regional service commission, and
(f) add to the list of exemptions referred to in subsection 80(1) with respect to land in the area to which the regulation applies.
125(11)If a subdivision regulation under this section is in effect,
(a) the provisions of section 77 with respect to a subdivision by-law apply with the necessary modifications to the regulation, except if a plan involves the setting aside of land for public purposes, in which case the plan shall not be approved unless
(i) the location of the land has been recommended by the regional service commission, and
(ii) the plan has been approved and signed by the Minister,
(b) the powers mentioned in section 78 with respect to variance are vested in the regional service commission or development officer, as the case may be, and
(c) sections 79 and 80 apply with the necessary modifications to the regulation.
125(12)Land vested in the Crown under this section shall be held undeveloped or developed for public purposes and may, if subsequently included within the boundaries of a local government, be conveyed to the local government and the land shall be subject to all provisions of this Act affecting land for public purposes vested in a local government under this Act.
125(13)All money received by the Minister in lieu of land for public purposes or realized by him or her on the sale of the land is to be paid into a special account, and the money in that account is to be expended by the Minister for acquiring or developing land for public purposes and for no other purpose, and
(a) pending the expenditure the money shall be invested and the earnings derived from the investments paid into the special account, and
(b) if a subdivision in respect of which money has been received is subsequently included within the boundaries of a local government, the portion of the money that remains unexpended, together with any increments that have accrued under paragraph (a), is to be paid to the local government of which the subdivision becomes a part, and is to be treated by the local government in the same manner as money received for a public purpose under a subdivision by-law.
125(14)Before making a regulation under this section, the Minister shall
(a) if the regulation would have effect in a region, request the regional service commission to give its views on the regulation,
(b) if the regulation is to be made under section 51 and would have effect in a local service district that has an advisory committee, request the advisory committee to give its views on the regulation, and
(c) follow, with the necessary modifications, the procedure preliminary to the making of a by-law under section 111, except if the regulation is to be made under paragraph (1)(a), (b), (f), (g), (h) or (i).
125(15)Despite paragraph (14)(c), with respect to a zoning regulation under subsection (1) or a rural plan under section 51, the provisions of section 111 shall not be read as requiring the Minister to make available for public consideration the proposed rural plan or amendment if the Minister makes available for public consideration a written summary of the proposed rural plan or amendment.
125(16)The Director shall file a copy of each regulation made under this section in the land registration office for every county in which any land affected by the regulation is situated, but the filing shall not be a condition precedent to the coming into force of the regulation.
Regulations re planning and development
125(1)Subject to this section, the Lieutenant-Governor in Council may make regulations
(a) governing the setting back of buildings and structures from the boundaries of streets or classes of streets;
(b) prescribing the location, layout, equipment, standards and licensing of mobile home parks and approving standards of mobile home sites and prescribing the fees to be paid by operators of mobile home parks;
(c) prescribing the location and dimensions of service stations, gas bars, car washes and automotive repair garages and approving standards of construction;
(d) prescribing the location and dimensions, purposes and licensing of public advertising signs and billboards and approving standards of construction and establishing fees for the purposes of public advertising signs and billboards;
(e) governing the excavation of sand, gravel, clay, shale, limestone or other deposits for purposes of the sale or other commercial use of the material excavated;
(f) respecting the subdividing of land;
(g) respecting the building, locating or relocating, demolishing, altering, structurally altering, repairing or replacing, or a combination of the work, of buildings and structures, including, without limiting the generality of the foregoing, standards for the work and the prohibiting of the undertaking or continuing of the work in violation of the standards;
(h) respecting development and building permits, including, without limiting the generality of the foregoing, governing the application for the permits, the issuance, suspension, reinstatement or revocation of the permits, the terms and conditions of the issuance, suspension, reinstatement or revocation of the permits, the terms and conditions of the permits, the form of the application and the permits and prescribing the fees for the application and the permits and the fees for building inspection services and governing the provision of information with respect to the permits to the Executive Director of Assessment under the Assessment Act and the use to be made of the information;
(i) in a part of an area in which a regulation under paragraph (g) or (h) is in effect, prohibiting the issue of a wiring permit under the Electrical Installation and Inspection Act in respect of a development unless the applicant for the wiring permit delivers a copy of the development and building permit for the development;
(j) respecting land use and development policies, including, without limiting the generality of the foregoing, policies respecting settlement patterns, commercial and industrial siting, flood plains and planning for coastal zones;
(k) in an area designated under subsection (3), governing anything, except a development scheme, or a combination of things that a council is empowered to do by by-law under this Act;
(l) respecting anything otherwise authorized by this Act.
125(2)If a fee is prescribed under paragraph (1)(h), the fee shall be paid, despite the Financial Administration Act, to the regional service commission 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.
125(3)Subject to subsections (4) and (7), the Lieutenant-Governor in Council may
(a) except in the case of a rural plan under section 51, designate an area or areas for the purpose of the application of a regulation under this section, thereby restricting, subject to paragraph (b), the application of the regulation accordingly, and
(b) with respect to a subdivision regulation, provide that the regulation applies throughout the Province exclusive of those areas identified in the regulation as not being subject to the regulation.
125(4)A regulation under this section
(a) subject to paragraph (b), is not effective in a municipality;
(b) if made under paragraph (1)(a) or (f), is effective in a village that is within an area in which it applies and
(i) in the case of a regulation under paragraph (1)(a), no zoning by-law or zoning provisions in a rural plan under section 33 are in effect in the village, or
(ii) in the case of a regulation under paragraph (1)(f), no subdivision by-law is in effect in the village; and
(c) is not effective in a rural community that has a by-law in effect respecting the same matter as the regulation.
125(5)Despite subsection (4), a regulation under paragraph (1)(j) is effective in a local government or local service district specified in the regulation.
125(6)Despite any other provision in this Act, if there is an inconsistency between a regulation under paragraph (1)(j) and a regional plan, rural plan, municipal plan or by-law or regulation under this Act, except a regulation establishing a statement of provincial interest, the regulation under paragraph (1)(j) prevails.
125(7)With respect to a regulation made under this section applicable in an area designated under subsection (3) or paragraph 52(1)(a), the regulation shall be consistent with a rural plan, if any, in effect in the area.
125(8)If a regulation under this section is in effect, the planning director as defined in the Regional Services Delivery Act is the development officer and the powers vested in a regional service commission under paragraph (9)(a) or (e), (10)(b) or (11)(b) shall be deemed to be vested in the regional service commission.
125(9)With respect to a zoning regulation or to zoning provisions in a rural plan under this section
(a) the powers and functions referred to in paragraphs 53(2)(g) and (h) or paragraph 53(3)(c), with respect to particular uses of land, may be vested in a regional service commission,
(b) if the power referred to in subparagraph 53(2)(i)(ii) is provided for in the regulation, a letter from the Minister shall satisfy the requirement of clause 53(2)(i)(ii)(C),
(c) the power referred to in paragraph 53(2)(j) may be vested in a regional service commission and, if it is, subsection 53(9) applies with the necessary modifications to the regulation,
(d) if a fee referred to in paragraph 53(2)(l) is provided for in the regulation, it shall be paid into the Consolidated Fund, but may be returned in whole or in part on the advice of the Minister,
(e) the powers referred to in sections 55 and 56 with respect to certain proposed uses and variances shall be deemed to be vested in the relevant regional service commission or development officer, as the case may be, and
(f) if a person applies to the Minister to have an area of land re-zoned to permit the carrying out of a specific proposal,
(i) the Minister, in relation to the application, may make an order or enter into an agreement with the person, and
(ii) the provisions of section 59 with respect to a resolution or agreement under that section apply with the necessary modifications to an order or agreement made under this section.
125(10)A subdivision regulation under this section may
(a) subject to subsections (12) and (13), provide for
(i) the setting aside of land for public purposes at a location as may be approved by the Minister after consultation with the regional service commission, the indicating of the land on a subdivision plan and the vesting of the land in the Crown on the filing of the subdivision plan in the land registration office, and
(ii) the paying, at the discretion of the Minister, of money in lieu of land mentioned in subparagraph (i),
(b) vest in a regional service commission the power referred to in paragraph 75(1)(c) with respect to access,
(c) vest in a regional service commission the power referred to in paragraph 75(1)(k) with respect to approval of a subdivision plan,
(d) prescribe the fee to be paid for the approval of a tentative plan, including prescribing different fees for the approval of tentative plans for type 1 subdivisions and type 2 subdivisions,
(e) provide that the naming of streets in subdivisions is subject to the approval of the regional service commission, and
(f) add to the list of exemptions referred to in subsection 80(1) with respect to land in the area to which the regulation applies.
125(11)If a subdivision regulation under this section is in effect,
(a) the provisions of section 77 with respect to a subdivision by-law apply with the necessary modifications to the regulation, except if a plan involves the setting aside of land for public purposes, in which case the plan shall not be approved unless
(i) the location of the land has been recommended by the regional service commission, and
(ii) the plan has been approved and signed by the Minister,
(b) the powers mentioned in section 78 with respect to variance are vested in the regional service commission or development officer, as the case may be, and
(c) sections 79 and 80 apply with the necessary modifications to the regulation.
125(12)Land vested in the Crown under this section shall be held undeveloped or developed for public purposes and may, if subsequently included within the boundaries of a local government, be conveyed to the local government and the land shall be subject to all provisions of this Act affecting land for public purposes vested in a local government under this Act.
125(13)All money received by the Minister in lieu of land for public purposes or realized by him or her on the sale of the land is to be paid into a special account, and the money in that account is to be expended by the Minister for acquiring or developing land for public purposes and for no other purpose, and
(a) pending the expenditure the money shall be invested and the earnings derived from the investments paid into the special account, and
(b) if a subdivision in respect of which money has been received is subsequently included within the boundaries of a local government, the portion of the money that remains unexpended, together with any increments that have accrued under paragraph (a), is to be paid to the local government of which the subdivision becomes a part, and is to be treated by the local government in the same manner as money received for a public purpose under a subdivision by-law.
125(14)Before making a regulation under this section, the Minister shall
(a) if the regulation would have effect in a region, request the regional service commission to give its views on the regulation,
(b) if the regulation is to be made under section 51 and would have effect in a local service district that has an advisory committee, request the advisory committee to give its views on the regulation, and
(c) follow, with the necessary modifications, the procedure preliminary to the making of a by-law under section 111, except if the regulation is to be made under paragraph (1)(a), (b), (f), (g), (h) or (i).
125(15)Despite paragraph (14)(c), with respect to a zoning regulation under subsection (1) or a rural plan under section 51, the provisions of section 111 shall not be read as requiring the Minister to make available for public consideration the proposed rural plan or amendment if the Minister makes available for public consideration a written summary of the proposed rural plan or amendment.
125(16)The Director shall file a copy of each regulation made under this section in the land registration office for every county in which any land affected by the regulation is situated, but the filing shall not be a condition precedent to the coming into force of the regulation.