Acts and Regulations

M-22 - Municipalities Act

Full text
Basic planning statement, municipal plan, rural plan, zoning by-law or other by-law of new municipality
19.2(1)Notwithstanding any other provision of this Act or the Community Planning Act, when an unincorporated contiguous area is annexed to a municipality, any rural plan under subsection 77(2.1) or 77.2(1) of the Community Planning Act or any portion of a rural plan or any other regulation under the Community Planning Act that is designated in the Order in Council effecting the annexation shall be deemed to be the basic planning statement, municipal plan, rural plan, zoning by-law or other by-law, as designated in the Order in Council, of the annexed area as of the effective date of the annexation and shall be deemed to be validly enacted as such in accordance with this Act and with the Community Planning Act.
19.2(2)Notwithstanding any other provision of this Act or the Community Planning Act, when an area that is part of one municipality is annexed to another municipality, the zoning by-law or the zoning provisions in the rural plan of the municipality from which the area is annexed shall be deemed to be the zoning by-law or the zoning provisions of the annexed area as of the effective date of the annexation and shall be deemed to be validly enacted as such in accordance with this Act and the Community Planning Act.
19.2(3)Notwithstanding section 27.1 of the Community Planning Act, where there is a conflict between the municipal plan of an annexing municipality and a zoning by-law deemed to be such under subsection (1) or (2), the zoning by-law prevails.
19.2(4)Where subsection (1) or (2) applies to an annexation, the council of the annexing municipality shall within one and one-half years after the effective date of the annexation review and amend the municipal plan and zoning by-law or rural plan of the municipality so that the municipal plan and zoning by-law or rural plan incorporates the provisions of the basic planning statement, municipal plan, rural plan, zoning by-law or other by-law deemed to be such under subsection (1) or (2).
19.2(5)A basic planning statement, municipal plan, rural plan, zoning by-law or other by-law deemed to be such under subsection (1) or (2) shall remain in force in the annexed area until repealed by the council of the municipality.
1991, c.51, s.2; 1994, c.93, s.2; 1994, c.95, s.50; 2003, c.27, s.12