Acts and Regulations

2017, c.19 - Community Planning Act

Section 77
Disposition versions

Full text
Exemptions and variances
77(1)If a subdivision by-law is in effect, the development officer
(a) is the receiver of tentative and subdivision plan submissions under the by-law,
(b) subject to the terms and conditions that the development officer considers fit, may exempt a person from submitting a tentative plan in respect of a subdivision not involving the laying out of streets, the setting aside of land for public purposes or a variance, but shall in that case instruct the person with respect to the manner of subdividing the land,
(c) may exempt a person from a scale or size requirement under subsection 81(1) or from a requirement prescribed by subsection 81(2),
(d) if a subdivision plan seeks to subdivide only a part of a parcel of land, may exempt the subdivision plan from the requirement of showing all the boundaries of the parcel,
(e) if a subdivision plan seeks to alter the boundaries of two or more adjoining parcels of land, may exempt the subdivision plan from the requirement of showing all the boundaries of the parcels,
(f) may grant exemptions in accordance with section 80,
(g) if a tentative plan received by the development officer involves the laying out of public or future streets or the setting aside of land for public purposes or, in the development officer’s opinion, may affect the future location of public streets, shall forward a copy of the plan to the council or the Minister of Transportation and Infrastructure and to the advisory committee or regional service commission, whichever is authorized under this Act to assent to the subdivision plan or make recommendations with respect to it,
(h) if a tentative plan received by the development officer includes, in the opinion of the development officer, a utility or other easement, shall forward a copy of the plan to the following:
(i) every local supplier of electric power in the area to which the subdivision plan would apply,
(ii) every corporation operating as a telephone or telecommunications provider in the area to which the subdivision plan would apply,
(iii) every corporation operating as a natural gas utility in the area to which the subdivision plan would apply,
(iv) every company operating an oil or natural gas pipeline in the area to which the subdivision plan would apply, and
(v) if any of the land is within 300 m of a railway line, the company operating the railway line,
(i) if a tentative plan received by the development officer involves a request for variance, shall forward a copy of the plan and the request to the advisory committee or regional service commission,
(j) within six weeks of receiving an application for approval of a tentative plan that complies with the requirements of section 81, shall
(i) approve it subject to any terms and conditions the development officer considers necessary to assure compliance with the by-law, or
(ii) reject it by notice in writing to the person submitting it, stating the features of the plan objected to,
(k) shall approve a subdivision plan that
(i) conforms with this Act and any municipal plan, rural plan, development scheme or a zoning, deferred widening or controlled access street by-law or regulation which affects development under section 108, or
(ii) conforms to the aspects referred to in subparagraph (i), except for a variance permitted by the advisory committee or regional service commission,
(l) shall examine each instrument presented to the development officer, and any plan attached to the instrument, that transfers an interest in land in the area affected by the by-law and, on the basis of any information that appears to the development officer to be sufficient,
(i) shall, in the manner referred to in subsection (4),
(A) approve it for registration in the land registration office, or
(B) exempt it under section 80,
(ii) shall refuse to approve it under clause (i)(A) if
(A) the approval is prohibited by subsection 79(4), or
(B) it transfers an interest in a parcel of land that, together with other parcels, comprises the minimum lot area required by by-law for a development on one of the parcels and that was so required by by-law, and comprised part of the lot area, at the time the development was undertaken, or
(iii) may refuse to approve it under clause (i)(A), or to exempt it under section 80, if it
(A) fails to refer or refers inaccurately to the municipal, rural community or territorial division within which the land is situated, or
(B) fails to include relevant information mentioned in subsection 79(6) respecting filed subdivision plans, and
(m) may, 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 vested in the development officer by this Act pertaining to the administration of a subdivision by-law.
77(2)A subdivision plan that involves the laying out of public or future streets, the setting aside of land for public purposes, a variance or, in the opinion of the development officer, a utility or other easement, shall not be approved under paragraph (1)(k) unless
(a) in the case of the laying out of streets or the setting aside of land for public purposes, it has been assented to under section 87 or 88,
(b) in the case of a variance, the variance is permitted by the advisory committee or regional service commission in writing, and
(c) in the case of a utility or other easement, the easement appears on the plan and
(i) the development officer has been advised by the agency concerned that it is satisfied with it, or a time limit of more than two weeks determined by the officer for receiving the advice has expired without objection being received, or
(ii) it is approved by the development officer despite an objection being received under subparagraph (i).
77(3)A development officer may approve for registration an instrument presented to the development officer, and a plan attached to the instrument, that transfers an interest in land not affected by a subdivision by-law.
77(4)An approval or exemption referred to in subparagraph (1)(l)(i) or an approval referred to in subsection (3) shall be signified by a certificate endorsed on the instrument, dated and signed by the development officer, or by a person to whom the power is delegated in accordance with paragraph (1)(m), and an instrument purporting to be so certified shall be accepted by the registrar without further acknowledgement or proof of the certification.
77(5)If a development officer purports in good faith to certify an instrument in accordance with this section, the instrument is deemed to be properly certified.
77(6)With respect to an instrument that transfers an interest in land in a town, village or rural community that is providing its own land use planning service, the Director may exercise the authority of a development officer under paragraph (1)(l), other than the authority contained in clause (1)(l)(i)(B).
2021, c.44, s.1
Exemptions and variances
77(1)If a subdivision by-law is in effect, the development officer
(a) is the receiver of tentative and subdivision plan submissions under the by-law,
(b) subject to the terms and conditions as he or she considers fit, may exempt a person from submitting a tentative plan in respect of a subdivision not involving the laying out of streets, the setting aside of land for public purposes or a variance, but shall in that case instruct the person with respect to the manner of subdividing the land,
(c) may exempt a person from a scale or size requirement under subsection 81(1) or from a requirement prescribed by subsection 81(2),
(d) if a subdivision plan seeks to subdivide only a part of a parcel of land, may exempt the subdivision plan from the requirement of showing all the boundaries of the parcel,
(e) if a subdivision plan seeks to alter the boundaries of two or more adjoining parcels of land, may exempt the subdivision plan from the requirement of showing all the boundaries of the parcels,
(f) may grant exemptions in accordance with section 80,
(g) if a tentative plan received by the development officer involves the laying out of public or future streets or the setting aside of land for public purposes or, in his or her opinion, may affect the future location of public streets, shall forward a copy of the plan to the council or the Minister of Transportation and Infrastructure and to the advisory committee or regional service commission, whichever is authorized under this Act to assent to the subdivision plan or make recommendations with respect to it,
(h) if a tentative plan received by the development officer includes, in the opinion of the development officer, a utility or other easement, shall forward a copy of the plan to the following:
(i) every local supplier of electric power in the area to which the subdivision plan would apply,
(ii) every corporation operating as a telephone or telecommunications provider in the area to which the subdivision plan would apply,
(iii) every corporation operating as a natural gas utility in the area to which the subdivision plan would apply,
(iv) every company operating an oil or natural gas pipeline in the area to which the subdivision plan would apply, and
(v) if any of the land is within 300 m of a railway line, the company operating the railway line,
(i) if a tentative plan received by the development officer involves a request for variance, shall forward a copy of the plan and the request to the advisory committee or regional service commission,
(j) within six weeks of receiving an application for approval of a tentative plan that complies with the requirements of section 81, shall
(i) approve it subject to any terms and conditions he or she considers necessary to assure compliance with the by-law, or
(ii) reject it by notice in writing to the person submitting it, stating the features of the plan objected to,
(k) shall approve a subdivision plan that
(i) conforms with this Act and any municipal plan, rural plan, development scheme or a zoning, deferred widening or controlled access street by-law or regulation which affects development under section 108, or
(ii) conforms to the aspects referred to in subparagraph (i), except for a variance permitted by the advisory committee or regional service commission,
(l) shall examine each instrument presented to him or her, and any plan attached to the instrument, that transfers an interest in land in the area affected by the by-law and, on the basis of any information that appears to him or her to be sufficient,
(i) shall, in the manner referred to in subsection (4),
(A) approve it for registration in the land registration office, or
(B) exempt it under section 80,
(ii) shall refuse to approve it under clause (i)(A) if
(A) the approval is prohibited by subsection 79(4), or
(B) it transfers an interest in a parcel of land that, together with other parcels, comprises the minimum lot area required by by-law for a development on one of the parcels and that was so required by by-law, and comprised part of the lot area, at the time the development was undertaken, or
(iii) may refuse to approve it under clause (i)(A), or to exempt it under section 80, if it
(A) fails to refer or refers inaccurately to the municipal, rural community or territorial division within which the land is situated, or
(B) fails to include relevant information mentioned in subsection 79(6) respecting filed subdivision plans, and
(m) with respect to powers vested in him or her by this Act pertaining to the administration of a subdivision bylaw, may
(i) 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
(ii) if the development officer is a planning officer, delegate the powers when authorized in writing by the Minister.
77(2)A subdivision plan that involves the laying out of public or future streets, the setting aside of land for public purposes, a variance or, in the opinion of the development officer, a utility or other easement, shall not be approved under paragraph (1)(k) unless
(a) in the case of the laying out of streets or the setting aside of land for public purposes, it has been assented to under section 87 or 88,
(b) in the case of a variance, the variance is permitted by the advisory committee or regional service commission in writing, and
(c) in the case of a utility or other easement, the easement appears on the plan and
(i) the development officer has been advised by the agency concerned that it is satisfied with it, or a time limit of more than two weeks determined by the officer for receiving the advice has expired without objection being received, or
(ii) it is approved by the development officer despite an objection being received under subparagraph (i).
77(3)A development officer may approve for registration an instrument presented to him or her, and a plan attached to the instrument, that transfers an interest in land not affected by a subdivision by-law.
77(4)An approval or exemption referred to in subparagraph (1)(l)(i) or an approval referred to in subsection (3) shall be signified by a certificate endorsed on the instrument, dated and signed by the development officer, or by a person to whom the power is delegated in accordance with paragraph (1)(m), and an instrument purporting to be so certified shall be accepted by the registrar without further acknowledgement or proof of the certification.
77(5)If a development officer purports in good faith to certify an instrument in accordance with this section, the instrument is deemed to be properly certified.
77(6)With respect to an instrument that transfers an interest in land in a town, village or rural community that is providing its own land use planning service, the Director may exercise the authority of a development officer under paragraph (1)(l), other than the authority contained in clause (1)(l)(i)(B).
Exemptions and variances
77(1)If a subdivision by-law is in effect, the development officer
(a) is the receiver of tentative and subdivision plan submissions under the by-law,
(b) subject to the terms and conditions as he or she considers fit, may exempt a person from submitting a tentative plan in respect of a subdivision not involving the laying out of streets, the setting aside of land for public purposes or a variance, but shall in that case instruct the person with respect to the manner of subdividing the land,
(c) may exempt a person from a scale or size requirement under subsection 81(1) or from a requirement prescribed by subsection 81(2),
(d) if a subdivision plan seeks to subdivide only a part of a parcel of land, may exempt the subdivision plan from the requirement of showing all the boundaries of the parcel,
(e) if a subdivision plan seeks to alter the boundaries of two or more adjoining parcels of land, may exempt the subdivision plan from the requirement of showing all the boundaries of the parcels,
(f) may grant exemptions in accordance with section 80,
(g) if a tentative plan received by the development officer involves the laying out of public or future streets or the setting aside of land for public purposes or, in his or her opinion, may affect the future location of public streets, shall forward a copy of the plan to the council or the Minister of Transportation and Infrastructure and to the advisory committee or regional service commission, whichever is authorized under this Act to assent to the subdivision plan or make recommendations with respect to it,
(h) if a tentative plan received by the development officer includes, in the opinion of the development officer, a utility or other easement, shall forward a copy of the plan to the following:
(i) every local supplier of electric power in the area to which the subdivision plan would apply,
(ii) every corporation operating as a telephone or telecommunications provider in the area to which the subdivision plan would apply,
(iii) every corporation operating as a natural gas utility in the area to which the subdivision plan would apply,
(iv) every company operating an oil or natural gas pipeline in the area to which the subdivision plan would apply, and
(v) if any of the land is within 300 m of a railway line, the company operating the railway line,
(i) if a tentative plan received by the development officer involves a request for variance, shall forward a copy of the plan and the request to the advisory committee or regional service commission,
(j) within six weeks of receiving an application for approval of a tentative plan that complies with the requirements of section 81, shall
(i) approve it subject to any terms and conditions he or she considers necessary to assure compliance with the by-law, or
(ii) reject it by notice in writing to the person submitting it, stating the features of the plan objected to,
(k) shall approve a subdivision plan that
(i) conforms with this Act and any municipal plan, rural plan, development scheme or a zoning, deferred widening or controlled access street by-law or regulation which affects development under section 108, or
(ii) conforms to the aspects referred to in subparagraph (i), except for a variance permitted by the advisory committee or regional service commission,
(l) shall examine each instrument presented to him or her, and any plan attached to the instrument, that transfers an interest in land in the area affected by the by-law and, on the basis of any information that appears to him or her to be sufficient,
(i) shall, in the manner referred to in subsection (4),
(A) approve it for registration in the land registration office, or
(B) exempt it under section 80,
(ii) shall refuse to approve it under clause (i)(A) if
(A) the approval is prohibited by subsection 79(4), or
(B) it transfers an interest in a parcel of land that, together with other parcels, comprises the minimum lot area required by by-law for a development on one of the parcels and that was so required by by-law, and comprised part of the lot area, at the time the development was undertaken, or
(iii) may refuse to approve it under clause (i)(A), or to exempt it under section 80, if it
(A) fails to refer or refers inaccurately to the municipal, rural community or territorial division within which the land is situated, or
(B) fails to include relevant information mentioned in subsection 79(6) respecting filed subdivision plans, and
(m) with respect to powers vested in him or her by this Act pertaining to the administration of a subdivision bylaw, may
(i) 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
(ii) if the development officer is a planning officer, delegate the powers when authorized in writing by the Minister.
77(2)A subdivision plan that involves the laying out of public or future streets, the setting aside of land for public purposes, a variance or, in the opinion of the development officer, a utility or other easement, shall not be approved under paragraph (1)(k) unless
(a) in the case of the laying out of streets or the setting aside of land for public purposes, it has been assented to under section 87 or 88,
(b) in the case of a variance, the variance is permitted by the advisory committee or regional service commission in writing, and
(c) in the case of a utility or other easement, the easement appears on the plan and
(i) the development officer has been advised by the agency concerned that it is satisfied with it, or a time limit of more than two weeks determined by the officer for receiving the advice has expired without objection being received, or
(ii) it is approved by the development officer despite an objection being received under subparagraph (i).
77(3)A development officer may approve for registration an instrument presented to him or her, and a plan attached to the instrument, that transfers an interest in land not affected by a subdivision by-law.
77(4)An approval or exemption referred to in subparagraph (1)(l)(i) or an approval referred to in subsection (3) shall be signified by a certificate endorsed on the instrument, dated and signed by the development officer, or by a person to whom the power is delegated in accordance with paragraph (1)(m), and an instrument purporting to be so certified shall be accepted by the registrar without further acknowledgement or proof of the certification.
77(5)If a development officer purports in good faith to certify an instrument in accordance with this section, the instrument is deemed to be properly certified.
77(6)With respect to an instrument that transfers an interest in land in a town, village or rural community that is providing its own land use planning service, the Director may exercise the authority of a development officer under paragraph (1)(l), other than the authority contained in clause (1)(l)(i)(B).