Acts and Regulations

2017, c.19 - Community Planning Act

Section 52
Disposition versions

Full text
Content of regulation
52(1)In a regulation under this Division, the Minister
(a) shall designate an area for the purpose of the application of the regulation, and
(b) may provide for anything that a council is empowered to do by by-law under this Act.
52(2)A regulation under this Division shall contain
(a) statements of policy with respect to
(i) residential uses,
(i.1) housing, including affordable housing and rental housing,
(ii) commercial uses,
(iii) institutional uses,
(iv) recreational facilities and public open spaces,
(iv.1) climate change adaptation and mitigation,
(v) resource uses,
(vi) protection of water supplies,
(vii) heritage buildings and sites of historical or archeological interest,
(viii) conservation of the physical environment, or
(ix) any other matter the Minister considers necessary;
(b) any proposals the Minister deems advisable for the implementation of the policies in the rural plan;
(c) zoning provisions that divide the area into zones, prescribe the purposes for which land, buildings and structures in a zone may be used and prohibit the use of land, buildings and structures for any other purpose; and
(d) a map showing the zones referred to in paragraph (c).
52(3)Subsections 53(1.1) to (8), except paragraphs 53(2)(c) and (l), and sections 55 to 59 apply with the necessary modifications to zoning provisions referred to in paragraph (2)(c).
52(4)If there is a conflict between a policy or a proposal referred to in paragraphs (2)(a) and (b) and a zoning provision referred to in paragraph (2)(c), the policy or proposal prevails.
52(5)A regulation under this Division may prescribe a fee for the amendment of zoning provisions in the regulation.
52(6)Despite any provision in this Act, the Minister shall not make a regulation under this Division until after the 14 days referred to in subsection (7) and, if written objections are submitted under subsection (7), the written objections are considered.
52(7)A person may send written objections in relation to objections raised on the day fixed for consideration of objections to the Minister within 14 days after that day.
52(8)If the Minister substantially amends the proposed regulation under this Division after the notice of the day for consideration of objections is published, section 111 and subsections (6) and (7) apply with the necessary modifications to the amendment.
52(9)If a fee for the amendment of zoning provisions is prescribed in a regulation under this Division, the fee 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.
52(10)The making of a regulation under this Division does not commit the Province to undertake a proposal in the regulation.
52(11)Section 115 applies with the necessary modifications to a regulation under this Division.
52(12)Section 49 and subsections 125(4) to (16) apply with the necessary modifications to a regulation under this Division.
52(13)The Regulations Act does not apply to a regulation under this Division.
52(14)A regulation under this Division shall be published in The Royal Gazette, but failure to make the publication does not affect the validity of the regulation.
2021, c.44, s.1
Content of regulation
52(1)In a regulation under this Division, the Minister
(a) shall designate an area for the purpose of the application of the regulation, and
(b) may provide for anything that a council is empowered to do by by-law under this Act.
52(2)A regulation under this Division shall contain
(a) statements of policy with respect to
(i) residential uses,
(ii) commercial uses,
(iii) institutional uses,
(iv) recreational facilities and public open spaces,
(v) resource uses,
(vi) protection of water supplies,
(vii) heritage buildings and sites of historical or archeological interest,
(viii) conservation of the physical environment, or
(ix) any other matter the Minister considers necessary;
(b) any proposals the Minister deems advisable for the implementation of the policies in the rural plan;
(c) zoning provisions that divide the area into zones, prescribe the purposes for which land, buildings and structures in a zone may be used and prohibit the use of land, buildings and structures for any other purpose; and
(d) a map showing the zones referred to in paragraph (c).
52(3)Subsections 53(2) to (8), except paragraphs 53(2)(c) and (l), and sections 55 to 59 apply with the necessary modifications to zoning provisions referred to in paragraph (2)(c).
52(4)If there is a conflict between a policy or a proposal referred to in paragraphs (2)(a) and (b) and a zoning provision referred to in paragraph (2)(c), the policy or proposal prevails.
52(5)A regulation under this Division may prescribe a fee for the amendment of zoning provisions in the regulation.
52(6)Despite any provision in this Act, the Minister shall not make a regulation under this Division until after the 14 days referred to in subsection (7) and, if written objections are submitted under subsection (7), the written objections are considered.
52(7)A person may send written objections in relation to objections raised on the day fixed for consideration of objections to the Minister within 14 days after that day.
52(8)If the Minister substantially amends the proposed regulation under this Division after the notice of the day for consideration of objections is published, section 111 and subsections (6) and (7) apply with the necessary modifications to the amendment.
52(9)If a fee for the amendment of zoning provisions is prescribed in a regulation under this Division, the fee 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.
52(10)The making of a regulation under this Division does not commit the Province to undertake a proposal in the regulation.
52(11)Section 115 applies with the necessary modifications to a regulation under this Division.
52(12)Section 49 and subsections 125(4) to (16) apply with the necessary modifications to a regulation under this Division.
52(13)The Regulations Act does not apply to a regulation under this Division.
52(14)A regulation under this Division shall be published in The Royal Gazette, but failure to make the publication does not affect the validity of the regulation.
Content of regulation
52(1)In a regulation under this Division, the Minister
(a) shall designate an area for the purpose of the application of the regulation, and
(b) may provide for anything that a council is empowered to do by by-law under this Act.
52(2)A regulation under this Division shall contain
(a) statements of policy with respect to
(i) residential uses,
(ii) commercial uses,
(iii) institutional uses,
(iv) recreational facilities and public open spaces,
(v) resource uses,
(vi) protection of water supplies,
(vii) heritage buildings and sites of historical or archeological interest,
(viii) conservation of the physical environment, or
(ix) any other matter the Minister considers necessary;
(b) any proposals the Minister deems advisable for the implementation of the policies in the rural plan;
(c) zoning provisions that divide the area into zones, prescribe the purposes for which land, buildings and structures in a zone may be used and prohibit the use of land, buildings and structures for any other purpose; and
(d) a map showing the zones referred to in paragraph (c).
52(3)Subsections 53(2) to (8), except paragraphs 53(2)(c) and (l), and sections 55 to 59 apply with the necessary modifications to zoning provisions referred to in paragraph (2)(c).
52(4)If there is a conflict between a policy or a proposal referred to in paragraphs (2)(a) and (b) and a zoning provision referred to in paragraph (2)(c), the policy or proposal prevails.
52(5)A regulation under this Division may prescribe a fee for the amendment of zoning provisions in the regulation.
52(6)Despite any provision in this Act, the Minister shall not make a regulation under this Division until after the 14 days referred to in subsection (7) and, if written objections are submitted under subsection (7), the written objections are considered.
52(7)A person may send written objections in relation to objections raised on the day fixed for consideration of objections to the Minister within 14 days after that day.
52(8)If the Minister substantially amends the proposed regulation under this Division after the notice of the day for consideration of objections is published, section 111 and subsections (6) and (7) apply with the necessary modifications to the amendment.
52(9)If a fee for the amendment of zoning provisions is prescribed in a regulation under this Division, the fee 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.
52(10)The making of a regulation under this Division does not commit the Province to undertake a proposal in the regulation.
52(11)Section 115 applies with the necessary modifications to a regulation under this Division.
52(12)Section 49 and subsections 125(4) to (16) apply with the necessary modifications to a regulation under this Division.
52(13)The Regulations Act does not apply to a regulation under this Division.
52(14)A regulation under this Division shall be published in The Royal Gazette, but failure to make the publication does not affect the validity of the regulation.