Acts and Regulations

2017, c.19 - Community Planning Act

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Exemptions for certain parcels or conveyances
80(1)Subject to paragraph 77(1)(l), a development officer may exempt from a subdivision by-law or the provisions of this Act respecting subdivisions the following:
(a) a subdivision in which each parcel of land is not fewer than two hectares in area and in which a parcel that fronts on a publicly owned street has a rectangular width of at least 150 m at the minimum set-back established by a by-law or regulation under this Act affecting the land;
(b) the conveyance of a part of a parcel of land that is distinct from other parts of that parcel by reason of separate possession, occupation or use and was so distinct immediately before a subdivision by-law or regulation affecting the land was made under this Act;
(c) the conveyance of a part of a parcel of land that is distinct from the other parts of that parcel because a publicly owned street, a railway, a lake or a river separates it from the other parts;
(d) a transaction that has the effect of granting the use of or an interest in land directly or by right of renewal for a period not exceeding ten years in total;
(e) the conveyance of an easement or right-of-way;
(f) a sale in accordance with a power in a mortgage made before a subdivision by-law or regulation affecting the land was made under this Act;
(g) a conveyance in respect of a part of a parcel of land being acquired by the Crown for the purpose of a highway right-of-way, whether or not the part is intended to be used in its entirety for that purpose; and
(h) any other thing in the circumstances prescribed by regulation.
80(2)A development officer may refuse to grant an exemption under subsection (1) if, in the development officer’s opinion and in the opinion of the advisory committee or regional service commission, the proposed exemption
(a) is undesirable for the development of the land or the neighboring land, or
(b) is not in keeping with the general intent of this Act or a by-law under this Act.
2021, c.44, s.1
Exemptions for certain parcels or conveyances
80(1)Subject to paragraph 77(1)(l), a development officer may exempt from a subdivision by-law or the provisions of this Act respecting subdivisions the following:
(a) a subdivision in which each parcel of land is not fewer than two hectares in area and in which a parcel that fronts on a publicly owned street has a rectangular width of at least 150 m at the minimum set-back established by a by-law or regulation under this Act affecting the land;
(b) the conveyance of a part of a parcel of land that is distinct from other parts of that parcel by reason of separate possession, occupation or use and was so distinct immediately before a subdivision by-law or regulation affecting the land was made under this Act;
(c) the conveyance of a part of a parcel of land that is distinct from the other parts of that parcel because a publicly owned street, a railway, a lake or a river separates it from the other parts;
(d) a transaction that has the effect of granting the use of or an interest in land directly or by right of renewal for a period not exceeding ten years in total;
(e) the conveyance of an easement or right-of-way;
(f) a sale in accordance with a power in a mortgage made before a subdivision by-law or regulation affecting the land was made under this Act;
(g) a conveyance in respect of a part of a parcel of land being acquired by the Crown for the purpose of a highway right-of-way, whether or not the part is intended to be used in its entirety for that purpose; and
(h) any other thing in the circumstances prescribed by regulation.
80(2)A development officer may refuse to grant an exemption under subsection (1) if, in his or her opinion and in the opinion of the advisory committee or regional service commission, the proposed exemption
(a) is undesirable for the development of the land or the neighboring land, or
(b) is not in keeping with the general intent of this Act or a by-law under this Act.
Exemptions for certain parcels or conveyances
80(1)Subject to paragraph 77(1)(l), a development officer may exempt from a subdivision by-law or the provisions of this Act respecting subdivisions the following:
(a) a subdivision in which each parcel of land is not fewer than two hectares in area and in which a parcel that fronts on a publicly owned street has a rectangular width of at least 150 m at the minimum set-back established by a by-law or regulation under this Act affecting the land;
(b) the conveyance of a part of a parcel of land that is distinct from other parts of that parcel by reason of separate possession, occupation or use and was so distinct immediately before a subdivision by-law or regulation affecting the land was made under this Act;
(c) the conveyance of a part of a parcel of land that is distinct from the other parts of that parcel because a publicly owned street, a railway, a lake or a river separates it from the other parts;
(d) a transaction that has the effect of granting the use of or an interest in land directly or by right of renewal for a period not exceeding ten years in total;
(e) the conveyance of an easement or right-of-way;
(f) a sale in accordance with a power in a mortgage made before a subdivision by-law or regulation affecting the land was made under this Act;
(g) a conveyance in respect of a part of a parcel of land being acquired by the Crown for the purpose of a highway right-of-way, whether or not the part is intended to be used in its entirety for that purpose; and
(h) any other thing in the circumstances prescribed by regulation.
80(2)A development officer may refuse to grant an exemption under subsection (1) if, in his or her opinion and in the opinion of the advisory committee or regional service commission, the proposed exemption
(a) is undesirable for the development of the land or the neighboring land, or
(b) is not in keeping with the general intent of this Act or a by-law under this Act.