The Planning and Development Act

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1 The Planning and Development Act UNEDITED being Chapter P-13 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 Table of Contents SHORT TITLE 1 Short title INTERPRETATION 2 Interpretation ADMINISTRATION AND TECHNICAL SERVICES 3 Appointment and duties of director 4 Appointment of other employees 5 Powers of director 6 Expenses 7 Appointment of consultants and advisors 8 Grants 9 Annual report 10 Minister may charge council 11 Conflict 12 Furnishing of certain services by director 13 Disposition of funds MUNICIPAL PLANNING COMMISSION 14 Existing commissions continued 15 Appointment 16 Term of office 17 Commission to advise minister respecting membership 18 Delegation of powers to commission 19 General duties and powers 20 Appointment of staff and advisory committees 21 Commission to submit estimate of expenditures 22 Meetings of commission, procedure, etc. 23 Remuneration of members of commission and advisory committees TECHNICAL PLANNING COMMISSION 24 Existing boards continued as commissions 25 Appointment 26 Membership 27 Meeting of commission 28 Remuneration of members MUNICIPAL DEVELOPMENT PLANS 29 Exising schemes continue in force 30 Requirement to produce a plan or amendment 31 Time for adoption by council 32 Authority to produce a plan 33 Extension of time 34 No development except with permission of council 35 Exercise of powers by minister 36 Purpose of plan 37 Minister to make regulations 38 Content of plan 39 Power to adopt a development plan 40 Notice of proposed plan 41 Consideration of submissions respecting the plan 42 Minister s approval of plan 43 Approval by minister 44 Time for consideration of plan 45 Publication of decision of minister 46 Amendment of plan 47 Time when plan takes effect 48 Plan binding upon municipality 49 Review of plan 50 Acquisition of land 51 Expropriation 52 Power to subdivide and sell land ZONING 53 Existing bylaws continue in force 54 Repeal of zoning bylaw by Lieutenant Governor in Council 55 Minister may require adoption of zoning bylaw or amendment 56 Municipality may pass zoning bylaws 57 No development expect with permission of council 58 Council may withhold building permit for limited time 59 Failure to enact bylaw 60 Purpose of zoning bylaw 61 Content of zoning bylaw 62 Payments in lieu of providing off-street parking facilities 63 Zoning map 64 Consideration in establishing districts 65 No development or use without permit 66 Notice of proposed bylaw or amendment 67 Provision of copies of bylaw 68 Consideration of submissions 69 Alteration of bylaw, etc. 70 Minister s approval of bylaw or amendment 71 Exercise of powers by minister 72 Review of zoning bylaw 73 Repeal of bylaw by council 74 Fee for zoning amendment application 75 Extension of zoning beyond municipal boundaries

3 NON-CONFORMING USE 76 Application of municipal development plan or zoning bylaw to certain buildings 77 Continuation of non-conforming use 78 Extension of non-conforming use 79 Damage to buildings 80 Non-conformity not to be increased 81 Change of occupancy ZONING APPEALS 82 Zoning Appeals Board 83 Right of appeal 84 Procedures for appeals DISTRICT PLANNING 85 Agreement for establishment of planning district and district planning commission 86 Approval of agreement by minister 87 Order for establishment of planning district and district planning commission, etc. 88 Requirement to produce a plan 89 Authority to produce a plan or amendment 90 Authority to pass zoning bylaw or amendment 91 Effect of failure to pass a complementary bylaw 92 Application of building bylaws to planning district 93 Report by commission 94 District planning board 95 Procedure in case of failure to enter into an agreement under section 85 or press complementary bylaw or make an appointment 96 Alteration of planning district, etc. 97 Decisions of commission, etc., to be communicated to participating municipalities SUBDIVISIONS 98 Approval of minister 99 Approving authority 100 Certificate of approval 101 Power to refuse a subdivision 102 Re-application of same proposal 103 Relief from compliance 104 Revocation of approval 105 Copy of approval to minister 106 Right of appeal 107 Service of notice 108 Deemed refusal 109 Access to subdivision 110 Regulations controlling subdivisions 111 Permissive content of regulations 112 Councils may make regulations 113 Requirements for approval 114 Public reserves 115 Buffer strips 116 Restrictions on registration of instruments 117 Revocation of certain approvals for subdivision PLANNED UNIT DEVELOPMENT 118 Establishment of Planned Unit Development Districts 119 Planned unit development 120 Minister may make regulations 121 Delegation of powers 122 Appeal REPLOTTING 123 Power to prepare a replotting scheme 124 Acquisition of land too small for exchange 125 Principles of replotting 126 Cost of replotting 127 Power of municipality to borrow sum required to pay cost 128 Acquisition of encumbrances 129 Transmission of copy of plan to Minister of Highways and Transportation and certain corporations 130 Minister s approval of scheme 131 Adoption of scheme 132 Filing of resolution in land titles office and effect of filing 133 Completion or discontinuance of replotting scheme 134 Registration of plan, etc. 135 Transference of rights and obligations 136 Non-consenting owners 137 Time and place for hearing applications for compensation 138 Notice of hearing 139 Hearing 140 Basis of compensation 141 Determination of land values 142 Appeals 143 Time for payment of compensation 144 Removal of buildings, etc. 145 Limitations of claims

4 REQUIRED SUBDIVISIONS 146 Power to require registered owner to register plan of subdivision 147 Power to pass required subdivision bylaw 148 Minister s approval of bylaw 149 Land not deemed to be taken or injuriously affected 150 Amendment or repeal of bylaw 151 Filing of bylaw in land titles office, endorsement of title and effect thereof 152 Cancellation of endorsement upon registration of plan 153 Plan of survey 154 Registration of plan 155 Recovery of costs 156 Inclusion of certain lands in subdivision 157 Minister may require subdivision DEFERRED WIDENING OF STREETS 158 Power to pass deferred widening bylaw 159 Plan 160 Notice of proposed bylaw 161 Consideration of submissions relating to bylaw 162 Minister s approval of bylaw 163 Filing of bylaw in land titles office and effect of filing 164 Permits may be withheld 165 Prohibition respecting buildings and alterations 166 Land not deemed to be taken or injuriously affected 167 Application by owner for compensation 168 Acquisition by owner for compensation 169 Determination of amount of compensation 170 Cancellation of endorsements upon registration of plan 171 Cancellation of endorsements upon application of owner 172 Repeal of bylaw by council 173 Bylaw to establish further building line or to alter established building line PROVINCIAL PLANNING APPEALS BOARD 174 Continuation of board, meetings, etc. 175 Duties of board 176 Decision of the board and stated case appeal 177 Stated case 178 Powers of board to make regulations, hold hearings, etc. 179 Inspection of property, taking of evidence, etc 180 Cost of hearing PROTECTED HIGHWAYS 181 Protected highways 182 Regulations 183 Minister to prepare a plan 184 Publication of plan 185 Consultations 186 Appeal 187 Approval of plan 188 Publication of approval of minister 189 Variations, etc. of plan 190 Plan binding 191 Delegation of administration 192 Permission to develop SPECIAL PLANNING AREA 193 Establishment of special planning areas 194 Special Planning Area Commission PRESERVATION OF TREES 195 Tree preservation bylaw MISCELLANEOUS 196 Crown bound 197 General powers of council for purpose of carrying out Act, etc. 198 Property deemed not injuriously affected 199 Minister of Highways and Transportation to have powers of council 200 Application of Act to local improvement districts 201 Application of Act to Northern Saskatchewan Administration District 202 Control of public reserves and buffer strips OFFENCES AND PENALTIES 203 Offences and penalties 204 Limitation of prosecution REGULATIONS 205 Power to make 206 Administration and certain content of regulations

5 CHAPTER P-13 An Act respecting Urban and Rural Planning and Development SHORT TITLE Short title 1 This Act may be cited as The Planning and Development Act. R.S.S. 1978, c.p-13, s.1. Interpretation 2 In this Act: INTERPRETATION approving authority (a) approving authority means the minister, or where the minister has delegated his authority under section 99 or 121, the director or the council to which the delegation was made; building permit (b) building permit means a permit, issued under a building bylaw of a municipality, authorizing the construction of all or part of any structure; building site (c) building site means the location on which construction of a structure is about to commence or is in progess, and may be all or part of a subdivided parcel of land; clerk council Crown (d) clerk means the town administrator, clerk, secretary or secretary treasurer of the council of a municipality; (e) council means the council of a city, town, village, rural municipality or other municipal corporation; (f) Crown means Her Majesty in right of Saskatchewan; development (g) development means the carrying out of any building, engineering, mining or other operations in, on or over land or the making of any material change in the use of any building or land; development permit (h) development permit means a permit, issued by a council of a municipality, that authorizes development, but does not include a building permit; director (i) director means the Director of Community Planning appointed under this Act; land (j) land includes any right, title, estate or interest in land, either legal or equitable;

6 6 c. P-13 URBAN AND RURAL PLANNING AND DEVELOPMENT lane mayor (k) lane means a public highway vested in the Crown as a secondary level of access to a site; (l) mayor includes the reeve of a rural municipality; minister (m) minister means the member of the Executive Council to whom for the time being is assigned the administration of this Act; mobile home (n) mobile home means a trailer coach: (i) that is used as a dwelling all the year round; (ii) that has water faucets and shower or other bathing facilities that may be connected to a water distribution system; and (iii) that has facilities for washing and a water closet or other similar facility that may be connected to a sewerage system; municipality (o) municipality means a city, town, village, rural municipality, local improvement district or other municipal organization; owner (p) owner means a person who is the owner of land; planned unit development (q) planned unit development means development of land by a method of subdividing land whereby the land is specifically subdivided for the uses and purposes specified in the proposed plan of subdivision, as approved; principal use (r) principal use means the use of land that is most extensive in area occupied; public highway (s) public highway means a public highway as defined by The Highways Act; registered owner (t) registered owner means the person registered in the land titles office as the owner of the fee simple in land unless it appears from the records of the land titles office or munici-pal office that another person has purchased the land under an agreement for sale in which case registered owner means that other person; registrar (u) registrar means the registrar of land titles for the land registration district within which land affected under this Act is situated; structural alteration (v) structural alteration means the construction or reconstruction of supporting elements of a building or other structure; subdivision (w) subdivision means a division of land heretofore or hereafter made; townsite (x) townsite means a subdivision of land into lots intended for residential or business purposes or both, and not adjoining or adjacent to a hamlet, village, town or city;

7 URBAN AND RURAL PLANNING AND DEVELOPMENT c. P-13 7 trailer coach (y) trailer coach means a trailer coach as defined by The Public Health Act; use permit (z) use permit means a permit, issued by the council of a municipality, authorizing the use of a building or other structure for the purpose stated in the permit; zoning bylaw (aa) zoning bylaw means a bylaw passed by the council of a municipality in accordance with sections 53 to 75 and having as its purpose the control of the use of land, the amenity of the area within the council s jursidiction and the health, safety and general welfare of the inhabitants of the municipality. 1973, c.73, s.2; R.S.S. 1978, c.p-13, s.2. ADMINISTRATION AND TECHNICAL SERVICES Appointment and duties of director 3 There shall continue to be an officer in the Department of Municipal Affairs, appointed by the Lieutenant Governor in Council, known as the Director of Community Planning who shall, under the direction and control of the minister, be responsible for the administration of this Act and shall perform any other duties assigned to him by the minister. 1973, c.73, s.3; R.S.S. 1978, c.p-13, s.3. Appointment of other employees 4 The Public Service Commission may appoint such other employees as are necessary to assist the director. 1973, c.73, s.4; R.S.S. 1978, c.p-13, s.4. Powers of director 5 The director may for the purpose of facilitating the administration of the Act: (a) carry on reserach pertaining to community planning in the province or any part thereof; (b) establish a reference library and a system of statistical, map and other records pertaining to the physical, social and economic aspects of community development; (c) promote public interest in community planning and orderly community development. 1973, c.73, s.5; R.S.S. 1978, c.p-13, s.5. Expenses 6 Any expense incurred in the administration of this Act may be paid out of funds appropriated by the Legislature for the purpose. 1973, c.73, s.6; R.S.S. 1978, c.p-13, s.6.

8 8 c. P-13 URBAN AND RURAL PLANNING AND DEVELOPMENT Appointment of consultants and advisors 7 The minister may engage such consultants and advisors as he considers necessary to assist the director in carrying out his duties. 1973, c.73, s.7; R.S.S. 1978, c.p-13, s.7. Grants 8 The Lieutenant Governor in Council may out of moneys appropriated by the Legislature for the purpose and upon such terms and conditions, if any, as the Lieutenant Governor in Council may prescribe: (a) make grants or loans to assist persons in taking advanced courses of studies in community or regional planning; (b) make grants to The Community Planning Association of Canada to support educational activities in community or regional planning. 1973, c.73, s.8; R.S.S.1978, c.p-13, s.8. Annual report 9 The minister shall make and submit to the Lieutenant Governor in Council an annual report concerning the administration of this Act, which shall be laid before the Legislative Assembly within ten days from the commencement of the session next following the end of the year for which the report is made. 1973, c.73, s.9; R.S.S. 1978, c.p-13, s.9. Minister may charge council 10 Where the minister, under the authority conferred by this Act, exercises the powers of a council he may charge all or part of the cost of so doing against the council, and all moneys collected in respect of such costs shall form part of the consolidated fund. 1973, c.73, s.10; R.S.S. 1978, c.p-13, s.10. Conflict 11 In the event of conflict between the provisions of this and any other Act, the provisions of this Act so far as they relate to urban and rural planning and development govern. 1973, c.73, s.11; R.S.S. 1978, c.p-13, s.11. Furnishing of certain services by director 12 The director may: (a) make studies of, and prepare reports for any municipality with respect to, any matter within the scope of this Act; (b) prepare maps, plans and written material relating to community planning for any person; (c) where necessary, enter into a contract with respect to the furnishing of any services authorized by clause (a) or (b); (d) fix the fee, if any, to be paid for any such services. 1973, c.73, s.12; R.S.S. 1978, c.p-13, s.12.

9 URBAN AND RURAL PLANNING AND DEVELOPMENT c. P-13 9 Disposition of funds 13 All sums paid to the director for services furnished under section 12 shall form part of the consolidated fund. 1973, c.73, s.13; R.S.S. 1978, c.p-13, s.13. MUNICIPAL PLANNING COMMISSION Existing commissions continued 14 Any community planning commission appointed under any former Community Planning Act and subsisting on the day on which this Act comes into force is continued under the title of municipal planning commission. 1973, c.73, s.14; R.S.S. 1978, c.p-13, s.14. Appointment 15(1) The council may by bylaw, approved by the minister, appoint a commission, to be known as the municipal planning commission, to advise and assist the council with respect to all matters pertaining to community planning and the orderly development of the municipality. (2) Subject to subsections (3) and (4), the commission shall consist of the mayor, who shall be ex officio a member during his term of office, and not less than three or more than nine members to be appointed by the council, in the manner set forth in the bylaw, from among any or all of the following: (a) the members of the council; (b) the employees of the municipality; (c) the residents of the municipality at large; (d) the members and employees of any organization concerned with the planning and orderly development of the municipality. (3) In the case of a city having a population of more than fifty thousand inhabitants the number of the appointed members may exceed nine by one for every ten thousand, or part thereof, by which the population exceeds fifty thousand inhabitants but the total number of appointed members shall not exceed fifteen. (4) A majority of the members of the commission shall be persons who are not members of the council or employees of the municipality. 1973, c.73, s.15; R.S.S. 1978, c.p-13, s.15. Term of office 16(1) Subject to subsection (2), one-third of the original members of the commission shall be appointed to hold office until the date of the first meeting of the council in January of the first year following their appointment, one-third until the date of the first meeting of the council in January of the second year following their appointment and one-third until the date of the first meeting of the council in January of the third year following their appointment; and in each year following the appointment of the original members the required number of members shall be appointed for a term of three years to fill the vacancies caused by the retirement of the members whose term of office has expired.

10 10 c. P-13 URBAN AND RURAL PLANNING AND DEVELOPMENT (2) The council may by resolution for any cause assigned that it considers sufficient remove any member appointed to the commission. (3) Subject to subsection (2), members shall hold office until their successors are appointed. (4) All appointments to fill other vacancies shall be for the unexpired term. 1973, c.73, s.16; R.S.S. 1978, c.p-13, s.16. Commission to advise minister respecting membership 17 Not later than the thirty-first day of January in each year the secretary of the commission shall by notice advise the minister of the names of the officers and members of the commission who will hold office as such during the year in which the notice is given. 1973, c.73, s.17; R.S.S. 1978, c.p-13, s.17. Delegation of powers to commission 18 The council may, by the bylaw appointing the commission, delegate to the commission such of the powers of the council, other than the power of raising money or expropriating land, as may be necessary for the carrying out of the purposes of the commission. 1973, c.73, s.18; R.S.S. 1978, c.p-13, s.18. General duties and powers 19(1) The commisison shall investigate and study land use, population, transportation, utilities, services, municipal finances and any other matter or thing within or outside the municipality that, in the opinion of the commission, is related to the physical, social or economic circumstances of the municipality and affects or may affect the development of the municipality. (2) The commission may perform such other duties of a planning nature as may be referred to it by the council and do such other things as it considers necessary in connection with the planning and orderly development of the municipality. (3) Without limiting the generality of the foregoing, the commission may in the exercise of its powers and the performance of its duties: (a) prepare maps, drawings, texts, statistical information and any other material necessary for the study, explanation and solution of problems and matters affecting the development of the municipality or any part thereof; (b) hold public meetings and publish information for the purpose of obtaining the participation and co-operation of the inhabitants of the municipality and any adjacent area in determining the solution of problems or matters affecting the development of the municipality or any part thereof; (c) prepare a municipal development plan, zoning bylaw or any other scheme or bylaw under this Act, suitable for adoption or passing by the council with a recommendation that it be adopted or passed; (d) recommend to the council the implementation of any feature of the municipal development plan or other scheme or any bylaw under this Act;

11 URBAN AND RURAL PLANNING AND DEVELOPMENT c. P (e) review any existing municipal development plan, zoning bylaw or other scheme or bylaw adopted or passed under this Act and submit to the council suitable amendments thereto with a recommendation that they be adopted or passed; (f) suggest to the council ways and means of financing works to be carried out by public authorities over a specified period; (g) investigate and study proposed subdivisions or planned unit developments and developments within and adjacent to the municipality and submit to the council reports and recommendations with respect thereto. 1973, c.73, s.19; R.S.S. 1978, c.p-13, s.19. Appointment of staff and advisory committees 20 Subject to section 21, the commission, with the approval of the council, may: (a) appoint such consultants or other officers and such employees as may be necessary for the exercise of any of its powers or the performance of any of its duties and fix their remuneration; (b) appoint advisory committees whose membership may consist of one or more of the members of the commission and other persons who by reason of their experience, training or interest in technical and special phases of matters before the commission are qualified to assist the commission. 1973, c.73, s.20; R.S.S. 1978, c.p-13, s.20. Commission to submit estimate of expenditures 21(1) The commission shall, on or before the first day of March in each year, prepare and submit to the council for consideration and approval, an estimate of moneys that it may require during the year for the payment of: (a) the remuneration of any consultants or other officers or employees appointed under clause (a) of section 20; (b) the sums, if any, that the council, pursuant to section 23, authorizes to be paid to members of the commission or members of advisory committees; (c) the actual expenses necessarily incurred by the members of the commission in the performance of their functions; (d) the actual expenses necessarily incurred by the members of advisory committees appointed under clause (b) of section 20 in performing their functions; (e) any other expenses necessarily incurred by the commission or by advisory committees in carrying out their functions. (2) The council may in its discretion alter or vary or increase or decrease the estimate as submitted by the commission pursuant to subsection (1). (3) The estimate of the commission for each year, as revised by the council under subsection (2), shall be final and binding, and the commission shall not incur expenditures in excess thereof. 1973, c.73, s.21; R.S.S. 1978, c.p-13, s.21.

12 12 c. P-13 URBAN AND RURAL PLANNING AND DEVELOPMENT Meetings of commission, procedure, etc. 22(1) Meetings of the commission shall be held at the call of the chairman and at such other times as the commission may determine. (2) A majority of the members of the commission constitutes a quorum. (3) The commission shall adopt general rules and rules of procedure to be followed in carrying out its functions. (4) The commission shall keep records of its proceedings. (5) Where a member of the commission is in any way interested in a matter before the commission, he shall declare his interest and take no further part in the proceedings and shall not be entitled to vote thereon. 1973, c.73, s.22; R.S.S. 1978, c.p-13, s.22. Remuneration of members of commission and advisory committees 23(1) Subject to subsection (2), each member of the commission or an advisory committee shall be paid such remuneration as may be fixed by the council. (2) A member of a council who is appointed a member of a commission or advisory committee may be paid the remuneration fixed by the council for members of the commission or committee. 1973, c.73, s.23; R.S.S. 1978, c.p-13, s.23. TECHNICAL PLANNING COMMISSION Existing boards continued as commissions 24 Any technical planning board appointed under any former Community Planning Act and subsisting on the day on which this Act comes into force is continued under the title of technical planning commission. 1973, c.73, s.24; R.S.S. 1978, c.p-13, s.24. Appointment 25 The council of a city may by bylaw, approved by the minister, appoint a commission to be known as the technical planning commission to: (a) co-ordinate the activities of the various departments and agencies of the city with respect to the planning and orderly development of the city; (b) advise and assist the council with respect to all matters pertaining to community planning and the orderly development of the city. 1973, c.73, s.25; R.S.S. 1978, c.p-13, s.25.

13 URBAN AND RURAL PLANNING AND DEVELOPMENT c. P Membership 26(1) The commission shall consist of: (a) not more than two members of the council, the city commissioners, if any, the solicitor, the engineer, if any, the planner, if any, and such other officers and employees of the city as are designated in the bylaw; and (b) at the option of the council, one member or employee of each school board, each hospital board, the parks board, the library board, any other board appointed under The Urban Municipality Act, and each division of an organization operating a public utility within the city, or of any of them. (2) Where a member of the commission is unable for any reason to attend a meeting of the commission, the member may, with the prior consent of the chairman or acting chairman, as the case may be, authorize any other person employed in the department, board or division of city administration in which he is employed, or from the public utility, where the person is employed by a public utility, or from the council where the member is a member of the council, to attend the meeting in his place and vote on his behalf on any matter voted on by the commission. 1973, c.73, s.26; R.S.S. 1978, c.p-13, s.26. Meeting of commission 27 The bylaw shall provide for the holding of meetings, the keeping of records and such other matters pertaining to the carrying out of the purposes of the commission as the council considers necessary. 1973, c.73, s.27; R.S.S. 1978, c.p-13, s.27. Remuneration of members 28 The council shall pay to the members of the commission their actual expenses necessarily incurred in performing their functions. 1973, c.73, s.28; R.S.S. 1978, c.p-13, s.28. MUNICIPAL DEVELOPMENT PLANS Exising schemes continue in force 29(1) A community planning scheme approved under any former Community Planning, Act shall continue in force until replaced by a municipal development plan or until revoked by the minister. (2) A community planning scheme approved under any former Act and continued in force by subsection (1) may by bylaw be varied or amended. (3) The council shall give notice of its intention to vary or amend a community planning scheme by advertisement inserted at least once a week for two successive weeks in a newspaper published or circulating in the area affected, the first of which notices shall be published at least four clear weeks before a date fixed by the council for the consideration by it of submissions respecting the proposed variation or amendment. (4) The notice shall state a place where and a time during which the variation or amendment to the scheme may be inspected by any interested person and the time and place fixed for the consideration by the council of written submissions respecting the proposed variation or amendment.

14 14 c. P-13 URBAN AND RURAL PLANNING AND DEVELOPMENT (5) Two copies of any variation or amendment to the scheme, certified as correct by the clerk of the municipality, shall be transmitted to the minister and no variation or amendment to the scheme shall have any effect until it is approved by the minister. (6) Proof of compliance with the requirements of subsection (3) by statutory declaration of the clerk, together with a copy of all written objections to the variation or amendment of the scheme that have not been withdrawn or acceded to, shall accompany the variation or amendment when submitted to the minister for his approval. (7) The minister, with respect to any variation or amendment of a scheme, has and may exercise the powers that he has under section 43 in respect of a municipal development plan. (8) The variation or amendment of the scheme shall take effect from the date of approval thereof by the minister. (9) Nothing in this section and nothing in any bylaw passed pursuant thereto or pursuant to Order in Council 1260/73 shall be construed or interpreted by any court as affecting in any way any action before that court that was commenced before the date on which the municipality gave notice of its intention to pass the bylaw and prior to that date: (a) the Attorney General gave his consent to permit the action to be carried on in his name upon the relation of the plaintiff; or (b) the plaintiff claimed loss or damage beyond that suffered by the public generally. 1973, c.73, s.29; , c.76, s.2; R.S.S. 1978, c.p-13, s.29. Requirement to produce a plan or amendment 30 The minister may, after consultation with the council of a municipality, direct the council to prepare or amend a municipal development plan for all or part of the municipality. 1973, c.73, s.30; R.S.S. 1978, c.p-13, s.30. Time for adoption by council 31 Subject to section 33, the council of a municipality required to prepare or amend a municipal development plan shall, within two years from the date of the minister s direction, adopt a municipal development plan or amend the municipal development plan, as the case requires. 1973, c.73, s.31; R.S.S. 1978, c.p-13, s.31. Authority to produce a plan 32 A municipality, not having a municipal development plan in force, may by resolution authorize the preparation of such a plan, or where such a plan is in force may by resolution authorize the preparation of an amendment to such plan and upon such authorization such plan or amendment shall be adopted within two years. 1973, c.73, s.32; R.S.S. 1978, c.p-13, s.32.

15 URBAN AND RURAL PLANNING AND DEVELOPMENT c. P Extension of time 33 The minister may from time to time with respect to a municipality extend the time for the adoption of a municipal development plan. 1973, c.73, s.33; R.S.S. 1978, c.p-13, s.33. No development except with permission of council 34(1) From and after the date of a direction of the minister under section 30 or a resolution under section 32, the council to whom the direction was made or that passed the resolution may, by resolution provide that no person shall carry out any development within the area that will be affected by the proposed plan except with the written permission of the council of the municipality. (2) A municipality shall give notice of its intention to pass a resolution under subsection (1) providing that no person shall carry out any development as mentioned in that subsection by publishing an advertisement inserted at least once a week for two successive weeks in a newspaper published or circulated in the area that will be affected by the proposed municipal development plan, the first of the notices shall be published at least four clear weeks before a date fixed by the council for passing the resolution, or by any other method approved by the minister. (3) A person who desires to carry out any development in an area that will be affected by a proposed municipal development plan shall apply to the council of the municipality for permission to carry out the development and upon receipt of such an application the council of the municipality shall, subject to subsection (4), within sixty days: (a) grant the permission applied for; (b) grant the permission applied for subject to specified terms and conditions; (c) defer making a decision in respect of the application for a period not exceeding one year from the date of the applica tion; or (d) refuse the permission applied for. (4) The council of a municipality may delegate to any officer of the municipality the authority to grant permission on behalf of the municipality to an applicant to carry out any development in an area that will be affected by the proposed municipal development plan. (5) Notwithstanding subsections (3) and (4), no development that is contrary to: (a) an existing municipal development plan; (b) an existing community planning scheme; or (c) any existing zoning bylaws; shall be permitted in an area that will be affected by a proposed municipal development plan or a proposed variation or amendment of such a plan until the plan, variation, or amendment has been approved by the minister and thereafter development shall only be permitted in accordance with such plan or varied or amended plan.

16 16 c. P-13 URBAN AND RURAL PLANNING AND DEVELOPMENT (6) Where the officer does not grant to an applicant permission to carry out development in an area that will be affected by the proposed municipal development plan, the officer shall forthwith advise the council of his decision and shall forward the application for such permission to the council for decision pursuant to subsection (3). (7) A person aggrieved by a decision of the council of a municipality under subsection (3) or by.the decision of an officer granting permission under subsection (4) may appeal the decision to the Provincial Planning Appeals Board. (8) The council of the municipality shall notify the applicant of its decision and shall inform him of his right to appeal under subsection (7). 1973, c.73, s.34, , c.76, s.3; R.S.S. 1978, c.p-13, s.34. Exercise of powers by minister 35 Where the council of a municipality fails to prepare or adopt a municipal development plan or to direct development in accordance with an approved municipal development plan or community planning scheme, the minister may exercise any of the powers of the council under this Act after giving at least thirty days written notice to the municipality of his intention to do so. 1973, c.73, s.35; R.S.S. 1978, c.p-13, s.35. Purpose of plan 36 A council of a municipality shall prepare a municipal development plan for the direction of the future physical, social and economic development and improvement of the municipality or any part thereof. 1973, c.73, s.36; R.S.S. 1978, c.p-13, s.36. Minister to make regulations 37 The minister may make regulations not inconsistent with this Act governing the preparation and contents of a municipal development plan. 1973, c.73, 37; R.S.S. 1978, c.p-13, s.37. Content of plan 38(1) A municipal development plan shall consist of: (a) the plans and supporting material defining the future physical, social and economic development of the municipality; (b) zoning controls which shall be consistent with the plan, which shall be the means of implementing the plan and in implementing such controls the council shall comply with subsection (1) of section 61 and may exercise all of the powers contained in sections 61 and 62, (c) a capital works program showing the estimated cost of each project and the proposed sequence of construction or the priority of each project for a period of not less than five years with provision for annual review and revision in order to maintain a five-year advance forecast; (d) provision for the revocation of any zoning bylaws or any other bylaws dealing with matters provided for in the plan with effect from the date of the coming into force of the municipal development plan.

17 URBAN AND RURAL PLANNING AND DEVELOPMENT c. P (2) A municipal development plan may make provision for any other matter pertinent to the encouragement and control of development within the municipality. (3) Any zoning controls that are inconsistent with the municipal development plan shall to the extent that they are inconsistent with the plan be of no effect. 1973, c.73, s.38; , c.76, s.4; R.S.S. 1978, c.p-13, s.38. Power to adopt a development plan 39 The council may by bylaw passed by a majority vote of the whole council adopt a municipal development plan. 1973, c.73, s.39; R.S.S. 1978, c.p-13, s.39. Notice of proposed plan 40(1) The council shall give notice of its intention to adopt a municipal development plan by advertisement inserted at least once a week for two successive weeks in a newspaper published or circulating in the area affected, or by any other method approved by the minister, the first of the notices shall be published at least four clear weeks before a date fixed by the council for the consideration by it of submissions respecting the plan. (2) The notice shall state a place where, and the hours during which, the plan may be inspected by any interested person and the time and place fixed for the consideration by the council of written submissions respecting the plan. 1973, c.73, s.40; R.S.S. 1978, c.p-13, s.40. Consideration of submissions respecting the plan 41 The council shall make suitable provision for inspection of the municipal development plan by interested persons, and shall hear and determine all written submissions thereto before adopting the plan. 1973, c.73, s.41; R.S.S. 1978, c.p-13, s.41. Minister s approval of plan 42(1) Two copies of the municipal development plan certified correct by the clerk of the municipality and a copy of the bylaw adopting the municipal development plan shall be transmitted to the minister for his consideration, and the plan shall have no effect until approved by the minister. (2) Proof of compliance with the requirements of section 40 by statutory declaration of the clerk together with a copy of all written submissions respecting the plan shall accompany the plan when submitted to the minister for his approval. 1973, c.73, s.42; R.S.S. 1978, c.p-13, s.42. Approval by minister 43(1) The minister shall with respect to a municipal development plan submitted to him under section 42: (a) approve the plan; (b) disapprove the plan; or (c) approve the plan subject to such reservations and qualifications as may appear to him to be necessary or desirable.

18 18 c. P-13 URBAN AND RURAL PLANNING AND DEVELOPMENT (2) Where the minister disapproves a municipal development plan or approves it subject to reservations and qualifications he may direct the council: (a) to prepare a new municipal development plan; or (b) to amend the municipal development plan and may direct the council to give notice of the changes made therein. (3) Where the minister directs the municipality to amend a municipal development plan and to give notice of the changes made therein sections 40 to 42 apply mutatis mutandis. (4) Where the minister approves a plan subject to reservations and qualifications and directs the council to amend the plan but does not require the council to give notice of the changes, the plan shall take effect subject to those reservations and qualifications. 1973, c.73, s.43; , c.76, s.5; R.S.S. 1978, c.p-13, s.43. Time for consideration of plan 44(1) The minister shall within three months after the date of receiving a municipal development plan for his consideration publish his decision in The Saskatchewan Gazette. (2) The time allowed for consideration of a municipal development plan may be extended by agreement between the minister and the council. (3) Approval by the minister of the bylaw adopting the plan shall constitute approval of the notice given under section 40 and the bylaw shall not be open to question on the grounds of inadequate notice. 1973, c.73, s.44; R.S.S. 1978, c.p-13, s.44. Publication of decision of minister 45 Within ten days of the receipt of the decision of the minister concerning the municipal development plan, the municipality shall publish a notice of the decision in one issue of a newspaper pub lished or circulated in the area affected or by any other method approved by the minister, and shall within ten days after the publication forward a copy of the notice to the minister. 1973, c.73, s.45; R.S.S. 1978, c.p-13, s.45. Amendment of plan 46(1) A council may by bylaw amend a municipal development plan, but such amendment shall have no effect until approved by the minister. (2) Where a municipal development plan is to be amended, it shall be amended in accordance with the provisions respecting the adoption of the plan, and every such amendment shall be read together with and form part of the municipal development plan to which it relates. 1973, c.73, s.46; R.S.S. 1978, c.p-13, s.46. Time when plan takes effect 47 A municipal development plan or amendment thereof shall take effect from the date of the minister s approval. 1973, c.73, s.47; R.S.S. 1978, c.p-13, s.47.

19 URBAN AND RURAL PLANNING AND DEVELOPMENT c. P Plan binding upon municipality 48(1) From the time that a municipal development plan or any amendment thereof takes effect it shall be binding upon the council and upon all other persons, associations or other organizations whatsoever including all departments and agencies of the Government of Saskatchewan and no development shall be carried out that is contrary to the municipal development plan. (2) The adoption of a municipal development plan shall not commit the council or any other person, association, organization, or any department or agency of the Government of Saskatchewan to undertake any of the projects therein outlined or proposed. 1973, c.73, s.48; R.S.S. 1978, c.p-13, s.48. Review of plan 49(1) Every municipal development plan shall be reviewed and amended as necessary by the council: (a) five years after the coming into effect of the plan or from the last review, as the case may be; (b) when the council considers it necessary; or (c) when the minister considers it necessary. (2) Where, upon completion of the review, it is concluded that no amendment is necessary, proof, by statutory declaration of the clerk, that the review has been carried out shall be submitted to the minister. 1973, c.73, s.49; R.S.S. 1978, c.p-13, s.49. Acquisition of land 50 For the purpose of carrying out a municipal development plan or ensuring that any proposal contained in a plan will be carried out according to the plan, the council may purchase or otherwise acquire land within or outside the municipality and, in addition to the land the acquisition of which is essential to the carrying out of the project, may acquire other adjacent lands including: (a) the remnant of any parcel of land a portion of which is essential to the carrying out of the project; (b) any land that may be injuriously affected by the project; (c) any land that, if allowed to be built upon, might become the site of a building or structure that would prejudicially affect the project; (d) any land that in the opinion of the council could be subdivided or rearranged and developed advantageously as part of the project. 1973, c.73, s.50; R.S.S. 1978, c.p-13, s.50. Expropriation 51 If the council cannot purchase the land at a fair price, or otherwise acquire the land by agreement with the owner, it may expropriate the land, in which case the price to be paid shall be determined by arbitration and The Municipal Expropriation Act applies mutatis mutandis. 1973, c.73, s.51; R.S.S. 1978, c.p-13, s.51.

20 20 c. P-13 URBAN AND RURAL PLANNING AND DEVELOPMENT Power to subdivide and sell land 52 The council may subdivide, rearrange and deal with such land as if it were a private owner; and the proceeds of any sale, lease or other disposition of the land may be applied in reduction of the cost of the project. 1973, c.73, s.52; R.S.S. 1978, c.p-13, s.52. ZONING Existing bylaws continue in force 53 A zoning bylaw approved under any former Community Planning Act and subsisting on the day on which this Act comes intoforce until repealed as provided in this Act. 1973, c.73, s.53; R.S.S. 1978, c.p-13, s.53. Repeal of zoning bylaw by Lieutenant Governor in Council 54 The Lieutenant Governor in Council may at any time repeal a zoning bylaw approved under any former Community Planning Act where the Lieutenant Governor in Council is of opinion that the bylaw is obsolete or no longer adequate. 1973, c.73, s.54; R.S.S. 1978, c.p-13, s.54. Minister may require adoption of zoning bylaw or amendment 55 The minister may after consultation with the council of a municipality direct the council to prepare and pass a zoning bylaw or amend an approved zoning bylaw under this Act, such bylaw or amendment to be passed within one year. 1973, c.73, s.55; R.S.S. 1978, c.p-13, s.55. Municipality may pass zoning bylaws 56 A municipality not having a zoning bylaw in force may by resolution authorize the preparation of such a bylaw, or where such a bylaw is in force may by resolution authorize the preparation of an amendment to such bylaw; such bylaw or amendment shall be passed within one year. 1973, c.73, s.56; , c.76, s.6; R.S.S. 1978, c.p-13, s.56. No development expect with permission of council 57(1) Subsequent to a direction under section 55. or to a resolution made under section 56, to pass or amend a bylaw and prior to the passing or amendment of the bylaw, the council may by resolution provide that no person shall carry out any development within the area that will be affected by the proposed bylaw except with the written permission of the council of the municipality. (2) A municipality shall give notice of its intention to pass a resolution under subsection (1) providing that no person shall carry out any development as mentioned in that subsection by publishing an advertisement inserted at least once a week for two successive weeks in a newspaper published or circulated in the area in which the proposed development is planned, the first of the notices shall be published at least four clear weeks before a date fixed by the council for passing the resolution, or by any other method approved by the minister.

21 URBAN AND RURAL PLANNING AND DEVELOPMENT c. P (3) A person who desires to carry out any development in an area that will be affected by the proposed zoning bylaw shall apply to the council of the municipality for permission to carry out the development and upon receipt of such an application the council of the municipality shall, subject to subsection (4), within sixty days: (a) grant the permission applied for; (b) grant the permission applied for subject to specified conditions; (c) defer making a decision in respect of the application for a period not exceeding six months from the date of the application; or (d) refuse the permission applied for. (4) The council of a municipality may delegate to any officer of the municipality the authority to grant permission on behalf of the municipality to an applicant to carry out any development in an area that will be affected by the proposed zoning bylaw. (5) Notwithstanding subsections (3) and (4), no development that is contrary to: (a) an existing community planning scheme; or (b) any existing zoning bylaw; shall be permitted in an area that will be affected by a proposed zoning bylaw or a proposed variation or amendment to such a bylaw until the bylaw, variation or amendment has been approved by the minister and thereafter development shall only be permitted in accordance with such bylaw. (6) Where the officer does not grant to an applicant permission to carry out development in an area that will be affected by the proposed zoning bylaw, the officer shall forthwith advise the council of his decision and shall forward the application for such permission to the council for decision pursuant to subsection (3). (7) A person aggrieved by the decision of the council of the municipality under subsection (3) or by the decision of an officer granting permission under subsection (4) may appeal to the zoning appeals board in accordance with this Act or to the Provincial Planning Appeals Board where no zoning appeals board has been established. (8) The council of the municipality shall notify the applicant of its decision and shall inform him of his right to appeal under subsection (7). 1973, c.73, s.57; , c.76, s.7; R.S.S. 1978, c.p-13, s.57. Council may withhold building permit for limited time 58 From and after the first publication by a municipality of notice of its intention to pass a resolution under subsection (1) of section 34 or subsection (1) of section 57, the council of the municipality or such officer of the municipality as may be authorized by it for the purpose may withhold the issuance of a building permit for any building or other structure in the area affected by the proposed resolution for a period not exceeding three months from the date of the application for the permit , c.76, s.8; R.S.S. 1978, c.p-13, s.58.

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