Acts and Regulations

2017, c.19 - Community Planning Act

Section 96
Disposition versions

Full text
Incentive or bonus zoning agreements
96(1)If a municipal plan or rural plan under section 33 or 44 is in effect, a council may by by-law provide for an incentive or bonus zoning agreement respecting specific zones to be specified in the by-law.
96(1.1)An incentive or bonus zoning agreement by-law shall be prepared or amended under the direction of
(a) the planning director or another planner engaged by the council and responsible to the planning director, or
(b) in the case of a local government 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.
96(1.2)The planning director or other planner referred to in subparagraph (1.1)(a) or (b), as the case may be, shall certify that the content of the incentive or bonus zoning agreement by-law complies with the provisions of this Act and the regulations under this Act.
96(2)An incentive or bonus zoning agreement by-law shall
(a) identify the developments that may be subject to an incentive or bonus zoning agreement,
(b) identify the area or areas where the developments may be located,
(c) set out the matters that the council may consider before approving an incentive or bonus zoning agreement, and
(d) set out the method to be used to determine the contribution for incentive or bonus zoning.
96(3)An incentive or bonus zoning agreement may
(a) include plans or maps,
(b) provide for the discharge of any terms and conditions under the incentive or bonus zoning agreement, with or without the concurrence of the property owner,
(c) provide that, on completion of the development or phases of the development, the incentive or bonus zoning agreement, or portions of it, may be discharged by the council,
(d) provide that, if the development does not commence or is not completed within the time specified in the incentive or bonus zoning agreement, the incentive or bonus zoning agreement or portions of it may be discharged by the council without the concurrence of the property owner,
(e) include any terms and conditions respecting incentive or bonus zoning and the external appearance of structures.
96(3.1)The council may enter into an agreement referred to in subsection (1) and the agreement
(a) shall not become effective until certified copies of the agreement are filed in the land registration office, and
(b) when registered in the land registration office, is binding on a subsequent owner of the land in respect of which the agreement is made until discharged by the local government.
96(4)For greater certainty, the making of an incentive or bonus zoning agreement by-law by a council does not require the council to enter into an incentive or bonus zoning agreement.
96(5)An incentive or bonus zoning agreement by-law may provide that the council accept money in lieu of a contribution under this section.
96(6)All money accepted by the council under this section in lieu of a contribution is to be paid into a special account, and the money in that account is to be expended for the purposes for which the money was accepted and for no other purpose.
2021, c.44, s.1
Incentive or bonus zoning agreements
96(1)If a municipal plan or rural plan under section 33 or 44 is in effect, a council may by by-law provide for an incentive or bonus zoning agreement respecting specific zones to be specified in the by-law.
96(2)An incentive or bonus zoning agreement by-law shall
(a) identify the developments that may be subject to an incentive or bonus zoning agreement,
(b) identify the area or areas where the developments may be located,
(c) set out the matters that the council may consider before approving an incentive or bonus zoning agreement, and
(d) set out the method to be used to determine the contribution for incentive or bonus zoning.
96(3)An incentive or bonus zoning agreement may
(a) include plans or maps,
(b) provide for the discharge of any terms and conditions under the incentive or bonus zoning agreement, with or without the concurrence of the property owner,
(c) provide that, on completion of the development or phases of the development, the incentive or bonus zoning agreement, or portions of it, may be discharged by the council,
(d) provide that, if the development does not commence or is not completed within the time specified in the incentive or bonus zoning agreement, the incentive or bonus zoning agreement or portions of it may be discharged by the council without the concurrence of the property owner,
(e) include any terms and conditions respecting incentive or bonus zoning and the external appearance of structures.
96(4)For greater certainty, the making of an incentive or bonus zoning agreement by-law by a council does not require the council to enter into an incentive or bonus zoning agreement.
96(5)An incentive or bonus zoning agreement by-law may provide that the council accept money in lieu of a contribution under this section.
96(6)All money accepted by the council under this section in lieu of a contribution is to be paid into a special account, and the money in that account is to be expended for the purposes for which the money was accepted and for no other purpose.
Incentive or bonus zoning agreements
96(1)If a municipal plan or rural plan under section 33 or 44 is in effect, a council may by by-law provide for an incentive or bonus zoning agreement respecting specific zones to be specified in the by-law.
96(2)An incentive or bonus zoning agreement by-law shall
(a) identify the developments that may be subject to an incentive or bonus zoning agreement,
(b) identify the area or areas where the developments may be located,
(c) set out the matters that the council may consider before approving an incentive or bonus zoning agreement, and
(d) set out the method to be used to determine the contribution for incentive or bonus zoning.
96(3)An incentive or bonus zoning agreement may
(a) include plans or maps,
(b) provide for the discharge of any terms and conditions under the incentive or bonus zoning agreement, with or without the concurrence of the property owner,
(c) provide that, on completion of the development or phases of the development, the incentive or bonus zoning agreement, or portions of it, may be discharged by the council,
(d) provide that, if the development does not commence or is not completed within the time specified in the incentive or bonus zoning agreement, the incentive or bonus zoning agreement or portions of it may be discharged by the council without the concurrence of the property owner,
(e) include any terms and conditions respecting incentive or bonus zoning and the external appearance of structures.
96(4)For greater certainty, the making of an incentive or bonus zoning agreement by-law by a council does not require the council to enter into an incentive or bonus zoning agreement.
96(5)An incentive or bonus zoning agreement by-law may provide that the council accept money in lieu of a contribution under this section.
96(6)All money accepted by the council under this section in lieu of a contribution is to be paid into a special account, and the money in that account is to be expended for the purposes for which the money was accepted and for no other purpose.