Acts and Regulations

2017, c.19 - Community Planning Act

Section 131
Disposition versions

Full text
Agreement with developer
131(1)If a developer proposes to establish conditions for a development that are additional to those required by a zoning by-law, zoning provisions in a rural plan or a subdivision by-law or regulation, or if terms and conditions are imposed under paragraph 44(6)(a) or (c), paragraph 53(3)(c), section 55, subsection 73(2), section 78 or paragraph 125(9)(a) or (e) or (11)(b), the following may enter into an agreement with the developer to ensure the performance of the conditions:
(a) the council, if the development is within the local government; and
(b) the Minister, if the development is not within the local government.
131(2)The provisions of subsection 102(5) with respect to an agreement apply with the necessary modifications to an agreement under this section.
131(3)If a council or the Minister has entered into an agreement under subsection (1), the council or Minister, as the case may be, may
(a) on breach of the agreement and after giving 30 days’ notice in writing to the developer, enter the development and perform any of the covenants or conditions in respect of which the breach exists, or
(b) at any time, discharge a covenant or condition of an agreement.
131(4)If an agreement under this section is filed in the land registration office, a discharge of a covenant or condition under paragraph (3)(b) shall be filed within ten days of filing the agreement.
Agreement with developer
131(1)If a developer proposes to establish conditions for a development that are additional to those required by a zoning by-law, zoning provisions in a rural plan or a subdivision by-law or regulation, or if terms and conditions are imposed under paragraph 44(6)(a) or (c), paragraph 53(3)(c), section 55, subsection 73(2), section 78 or paragraph 125(9)(a) or (e) or (11)(b), the following may enter into an agreement with the developer to ensure the performance of the conditions:
(a) the council, if the development is within the local government; and
(b) the Minister, if the development is not within the local government.
131(2)The provisions of subsection 102(5) with respect to an agreement apply with the necessary modifications to an agreement under this section.
131(3)If a council or the Minister has entered into an agreement under subsection (1), the council or Minister, as the case may be, may
(a) on breach of the agreement and after giving 30 days’ notice in writing to the developer, enter the development and perform any of the covenants or conditions in respect of which the breach exists, or
(b) at any time, discharge a covenant or condition of an agreement.
131(4)If an agreement under this section is filed in the land registration office, a discharge of a covenant or condition under paragraph (3)(b) shall be filed within ten days of filing the agreement.