Acts and Regulations

2017, c.18 - Local Governance Act

Section 38
Disposition versions

Full text
Municipal plan, rural plan, zoning by-law or other by-law of new local government
38(1)Despite any other provision of this Act or the Community Planning Act, if the residents of a rural district or a portion of a rural district are incorporated as a new local government, any portion of a rural plan or any other regulation under the Community Planning Act that is designated in the regulation effecting the incorporation shall be deemed to be the municipal plan, rural plan, zoning by-law or other by-law, as designated in the regulation, of the local government as of the effective date of the incorporation and shall be deemed to be validly made in accordance with this Act and with the Community Planning Act.
38(2)If the residents of two or more rural districts or if the residents of portions of two or more rural districts are incorporated as a new local government, subsection (1) applies with the necessary modifications to any regulation under the Community Planning Act that is designated in the regulation effecting the incorporation as a municipal plan, rural plan, zoning by-law or other by-law, as the case may be, of the portion of the new local government designated in the regulation effecting the incorporation.
38(3)The council of a newly incorporated local government shall conduct a review of any municipal plan, rural plan, zoning by-law or other by-law deemed to be such under subsection (1) or (2) within five years after the effective date of the incorporation and shall report the results of the review to the Minister in writing.
38(4)A 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or other by-law deemed to be such under subsection (1) or (2) shall remain in force in the new local government until repealed by the council.
2021, c.44, s.4
Municipal plan, rural plan, zoning by-law or other by-law of new local government
38(1)Despite any other provision of this Act or the Community Planning Act, when the residents of a local service district are incorporated as a new local government, any rural plan or any portion of a rural plan or any other regulation under the Community Planning Act that is designated in the regulation effecting the incorporation shall be deemed to be the municipal plan, rural plan, zoning by-law or other by-law, as designated in the regulation, of the local government as of the effective date of the incorporation and shall be deemed to be validly made in accordance with this Act and with the Community Planning Act.
38(2)If the residents of two or more local service districts are incorporated as a new local government, subsection (1) applies with the necessary modifications to any regulation under the Community Planning Act that is designated in the regulation made effecting the incorporation as a municipal plan, rural plan, zoning by-law or other by-law, as the case may be, of the portion of the new local government designated in the regulation effecting the incorporation.
38(3)The council of a newly incorporated local government shall conduct a review of any municipal plan, rural plan, zoning by-law or other by-law deemed to be such under subsection (1) or (2) within five years after the effective date of the incorporation and shall report the results of the review to the Minister in writing.
38(4)A 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 new local government until repealed by the council.
Municipal plan, rural plan, zoning by-law or other by-law of new local government
38(1)Despite any other provision of this Act or the Community Planning Act, when the residents of a local service district are incorporated as a new local government, any rural plan or any portion of a rural plan or any other regulation under the Community Planning Act that is designated in the regulation effecting the incorporation shall be deemed to be the municipal plan, rural plan, zoning by-law or other by-law, as designated in the regulation, of the local government as of the effective date of the incorporation and shall be deemed to be validly made in accordance with this Act and with the Community Planning Act.
38(2)If the residents of two or more local service districts are incorporated as a new local government, subsection (1) applies with the necessary modifications to any regulation under the Community Planning Act that is designated in the regulation made effecting the incorporation as a municipal plan, rural plan, zoning by-law or other by-law, as the case may be, of the portion of the new local government designated in the regulation effecting the incorporation.
38(3)The council of a newly incorporated local government shall conduct a review of any municipal plan, rural plan, zoning by-law or other by-law deemed to be such under subsection (1) or (2) within five years after the effective date of the incorporation and shall report the results of the review to the Minister in writing.
38(4)A 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 new local government until repealed by the council.