Acts and Regulations

2017, c.19 - Community Planning Act

Section 78
Disposition versions

Full text
Approval of variances
78(1)An advisory committee or regional service commission may
(a) subject to the terms and conditions it considers fit, permit a reasonable variance from the requirements of a subdivision by-law, if it is of the opinion that the variance is desirable for the development of land and is in keeping with the general intent of the by-law and any plan or scheme under this Act affecting the land,
(b) require that a subdivision plan include any terms and conditions attached to the variance, or
(c) withdraw any or all of the terms and conditions attached to the variance under paragraph (b), by resolution, effective on the filing of an approved amending subdivision plan in the land registration office.
78(2)A development officer may
(a) subject to the terms and conditions that the development officer considers fit, permit a reasonable variance from the requirements of a subdivision by-law referred to in paragraph 75(1)(b) or (h), if the development officer is of the opinion that the variance is desirable for the development of land and is in keeping with the general intent of the by-law and any plan or scheme under this Act affecting the land,
(b) require that a subdivision plan include any terms and conditions attached to the variance, or
(c) withdraw any or all of the terms and conditions attached to the variance under paragraph (b), effective on the filing of an approved amending subdivision plan in the land registration office.
78(3)If requested to permit a variance under paragraph (1)(a) or (2)(a), the advisory committee, regional service commission or development officer may give notice to owners of land in the neighborhood of the proposed subdivision in respect of which the variance is requested
(a) describing the land comprised in the proposed subdivision,
(b) describing the variance requested, and
(c) giving the right to make representation to the advisory committee, regional service commission or development officer, as the case may be, with respect to the request within the time limit set out in the notice.
78(4)If an advisory committee or a regional service commission has made a determination with respect to a request for a variance under subsection (1), a request with respect to the same variance shall not be made to a development officer.
78(5)If a development officer has made a determination with respect to a request for a variance under subsection (2), a request with respect to the same variance shall not be made to an advisory committee or a regional service commission.
2021, c.44, s.1
Approval of variances
78(1)An advisory committee or regional service commission may
(a) subject to the terms and conditions it considers fit, permit a reasonable variance from the requirements of a subdivision by-law, if it is of the opinion that the variance is desirable for the development of land and is in keeping with the general intent of the by-law and any plan or scheme under this Act affecting the land,
(b) require that a subdivision plan include any terms and conditions attached to the variance, or
(c) withdraw any or all of the terms and conditions attached to the variance under paragraph (b), by resolution, effective on the filing of an approved amending subdivision plan in the land registration office.
78(2)A development officer may
(a) subject to the terms and conditions that he or she considers fit, permit a reasonable variance from the requirements of a subdivision by-law referred to in paragraph 75(1)(b) or (h), if the development officer is of the opinion that the variance is desirable for the development of land and is in keeping with the general intent of the by-law and any plan or scheme under this Act affecting the land,
(b) require that a subdivision plan include any terms and conditions attached to the variance, or
(c) withdraw any or all of the terms and conditions attached to the variance under paragraph (b), effective on the filing of an approved amending subdivision plan in the land registration office.
78(3)If requested to permit a variance under paragraph (1)(a) or (2)(a), the advisory committee, regional service commission or development officer may give notice to owners of land in the neighborhood of the proposed subdivision in respect of which the variance is requested
(a) describing the land comprised in the proposed subdivision,
(b) describing the variance requested, and
(c) giving the right to make representation to the advisory committee, regional service commission or development officer, as the case may be, with respect to the request within the time limit set out in the notice.
78(4)If an advisory committee or a regional service commission has made a determination with respect to a request for a variance under subsection (1), a request with respect to the same variance shall not be made to a development officer.
78(5)If a development officer has made a determination with respect to a request for a variance under subsection (2), a request with respect to the same variance shall not be made to an advisory committee or a regional service commission.
Approval of variances
78(1)An advisory committee or regional service commission may
(a) subject to the terms and conditions it considers fit, permit a reasonable variance from the requirements of a subdivision by-law, if it is of the opinion that the variance is desirable for the development of land and is in keeping with the general intent of the by-law and any plan or scheme under this Act affecting the land,
(b) require that a subdivision plan include any terms and conditions attached to the variance, or
(c) withdraw any or all of the terms and conditions attached to the variance under paragraph (b), by resolution, effective on the filing of an approved amending subdivision plan in the land registration office.
78(2)A development officer may
(a) subject to the terms and conditions that he or she considers fit, permit a reasonable variance from the requirements of a subdivision by-law referred to in paragraph 75(1)(b) or (h), if the development officer is of the opinion that the variance is desirable for the development of land and is in keeping with the general intent of the by-law and any plan or scheme under this Act affecting the land,
(b) require that a subdivision plan include any terms and conditions attached to the variance, or
(c) withdraw any or all of the terms and conditions attached to the variance under paragraph (b), effective on the filing of an approved amending subdivision plan in the land registration office.
78(3)If requested to permit a variance under paragraph (1)(a) or (2)(a), the advisory committee, regional service commission or development officer may give notice to owners of land in the neighborhood of the proposed subdivision in respect of which the variance is requested
(a) describing the land comprised in the proposed subdivision,
(b) describing the variance requested, and
(c) giving the right to make representation to the advisory committee, regional service commission or development officer, as the case may be, with respect to the request within the time limit set out in the notice.
78(4)If an advisory committee or a regional service commission has made a determination with respect to a request for a variance under subsection (1), a request with respect to the same variance shall not be made to a development officer.
78(5)If a development officer has made a determination with respect to a request for a variance under subsection (2), a request with respect to the same variance shall not be made to an advisory committee or a regional service commission.