Acts and Regulations

2017, c.19 - Community Planning Act

Section 44
Disposition versions

Full text
Adoption and approval of rural plans for rural communities
44(1)Within five years after the incorporation of a rural community, its council shall make a by-law adopting a rural plan for the rural community, prepared in the manner set out in this Act and the regulations, if no rural plan for the rural community is already in force.
44(2)The Minister shall assess the rural plan for the rural community and shall approve it if it meets the requirements prescribed by this Act and the regulations.
44(2.1)A council of a rural community shall prepare a rural plan for the rural community for approval by the Minister.
44(2.2)A rural plan for a rural community shall be prepared or amended
(a) under the direction of
(i) the planning director or another planner engaged by the council of the rural community and responsible to the planning director, or
(ii) in the case of a rural community not providing its own land use planning service, the planning director as defined in the Regional Service Delivery Act, or another planner engaged by the regional service commission and responsible to the planning director, if the regional service commission prepares the plan,
(b) on the basis of a written report of studies of the economy, finances, resources, population, land use, transportation facilities, public facilities and services, and any other matter related to the present or future economic, social or physical conditions of the rural community, and
(c) in consultation with the Minister and any government department or person specified by the Director.
44(2.3)The planning director or other planner referred to in subparagraph (2.2)(a)(i) or (ii), as the case may be, shall certify that the content of the rural plan for a rural community complies with the provisions of this Act and the regulations under this Act.
44(3)Paragraph 52(2)(a) and subsections 52(3) to (9) apply with the necessary modifications to a rural plan adopted under subsection (1).
44(4)Part 5 of this Act applies with the necessary modifications to a rural plan adopted under this section.
44(5)Repealed: 2021, c.44, s.1
44(6)With respect to zoning provisions in a rural plan under this section,
(a) the powers and functions in paragraphs 53(2)(g) and (h) or 53(3)(c) with respect to particular uses of land may be vested in a regional service commission,
(b) if a person applies to a rural community council to have an area of land re-zoned to permit the carrying out of a specific proposal,
(i) the rural community council may act by resolution under section 59;
(ii) the rural community council may enter into an agreement with the person respecting those matters set out in the resolution, and
(iii) the provisions of section 59 with respect to a resolution or agreement apply with the necessary modifications to a resolution or agreement under this section,
(c) despite subsection (3), if a rural plan under this section provides that a developer may pay money instead of providing off-street parking under paragraph 53(2)(k), the money shall be paid, despite the Financial Administration Act, to the regional service commission and the regional service commission shall deal with the money in accordance with the directions of the rural community council and section 57,
(d) if a fee for amending the zoning provisions is provided for in the rural plan under this section, it shall be paid, despite the Financial Administration Act, to the regional service commission and credited to the cost of the delivery of the land use planning service under subsection 161(4) of the Local Governance Act, and
(e) the powers in sections 55 and 56 with respect to certain proposed uses and variance shall be deemed to be vested in the relevant regional service commission.
44(7)The Regulations Act does not apply to a rural plan under this section.
2021, c.44, s.1
Adoption and approval of rural plans for rural communities
44(1)Within five years of the coming into force of this section, a rural community council shall make a by-law adopting a rural plan for the rural community, prepared in the manner set out in this Act and the regulations, if no rural plan for the rural community is already in force.
44(2)The Minister shall assess the rural plan for the rural community and shall approve it if it meets the requirements prescribed by this Act and the regulations.
44(3)Paragraph 52(2)(a) and subsections 52(3) to (9) apply with the necessary modifications to a rural plan adopted under subsection (1).
44(4)Part 5 of this Act applies with the necessary modifications to a rural plan adopted under this section.
44(5)The adoption of a rural plan does not commit the rural community council or the Province to undertake a proposal in the rural plan.
44(6)With respect to zoning provisions in a rural plan under this section,
(a) the powers and functions in paragraphs 53(2)(g) and (h) or 53(3)(c) with respect to particular uses of land may be vested in a regional service commission,
(b) if a person applies to a rural community council to have an area of land re-zoned to permit the carrying out of a specific proposal,
(i) the rural community council may act by resolution under section 59;
(ii) the Minister may enter into an agreement with the person respecting those matters set out in the resolution, and
(iii) the provisions of section 59 with respect to a resolution or agreement apply with the necessary modifications to a resolution or agreement under this section,
(c) despite subsection (3), if a rural plan under this section provides that a developer may pay money instead of providing off-street parking under paragraph 53(2)(k), the money shall be paid, despite the Financial Administration Act, to the regional service commission and the regional service commission shall deal with the money in accordance with the directions of the rural community council and section 57,
(d) if a fee for amending the zoning provisions is provided for in the rural plan under this section, it shall be paid, despite the Financial Administration Act, to the regional service commission and credited to the cost of the delivery of the land use planning service under subsection 161(4) of the Local Governance Act, and
(e) the powers in sections 55 and 56 with respect to certain proposed uses and variance shall be deemed to be vested in the relevant regional service commission.
44(7)The Regulations Act does not apply to a rural plan under this section.
Adoption and approval of rural plans for rural communities
44(1)Within five years of the coming into force of this section, a rural community council shall make a by-law adopting a rural plan for the rural community, prepared in the manner set out in this Act and the regulations, if no rural plan for the rural community is already in force.
44(2)The Minister shall assess the rural plan for the rural community and shall approve it if it meets the requirements prescribed by this Act and the regulations.
44(3)Paragraph 52(2)(a) and subsections 52(3) to (9) apply with the necessary modifications to a rural plan adopted under subsection (1).
44(4)Part 5 of this Act applies with the necessary modifications to a rural plan adopted under this section.
44(5)The adoption of a rural plan does not commit the rural community council or the Province to undertake a proposal in the rural plan.
44(6)With respect to zoning provisions in a rural plan under this section,
(a) the powers and functions in paragraphs 53(2)(g) and (h) or 53(3)(c) with respect to particular uses of land may be vested in a regional service commission,
(b) if a person applies to a rural community council to have an area of land re-zoned to permit the carrying out of a specific proposal,
(i) the rural community council may act by resolution under section 59;
(ii) the Minister may enter into an agreement with the person respecting those matters set out in the resolution, and
(iii) the provisions of section 59 with respect to a resolution or agreement apply with the necessary modifications to a resolution or agreement under this section,
(c) despite subsection (3), if a rural plan under this section provides that a developer may pay money instead of providing off-street parking under paragraph 53(2)(k), the money shall be paid, despite the Financial Administration Act, to the regional service commission and the regional service commission shall deal with the money in accordance with the directions of the rural community council and section 57,
(d) if a fee for amending the zoning provisions is provided for in the rural plan under this section, it shall be paid, despite the Financial Administration Act, to the regional service commission and credited to the cost of the delivery of the land use planning service under subsection 161(4) of the Local Governance Act, and
(e) the powers in sections 55 and 56 with respect to certain proposed uses and variance shall be deemed to be vested in the relevant regional service commission.
44(7)The Regulations Act does not apply to a rural plan under this section.