- Updated to: February 23,
2016 -
(Includes Amendments Assented to
December 2, 2015)
and
Includes Amendments Assented to May 14, 2014
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Act)
CHAPTER P-8
PLANNING ACT
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INTERPRETATION |
Definitions |
1. In this Act |
Commission |
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(a) "Commission" means the Island Regulatory and
Appeals Commission established under section 2 of the
Island Regulatory and Appeals
Commission Act
R.S.P.E.I. 1988, Cap. I-11; |
council |
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(b) "council" means the council of a municipality;
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developer |
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(c) "developer" means the owner of lands on which
development is proposed; |
development |
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(d) "development" means the carrying out of any building
operation, including excavation in preparation for building, on, over or under land, or
the making of a material change in the use or the intensity of the use of any land,
buildings or premises, and includes the placing of structures on, over or under land; |
development agreement |
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(e) "development agreement" means an agreement between a
developer and a council, or between a developer and the Minister, or a tripartite
agreement between a developer, a council and the Minister, respecting, the terms and
conditions under which a development may be carried out; |
Minister |
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(f) "Minister" means the Minister
of Communities, Land and Environment; |
municipality |
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(g) "municipality" has the same meaning as in the Municipalities
Act R.S.P.E.I. 1988, Cap. M-13 and includes the City of Charlottetown and the
City of
Summerside and the Towns of Stratford and Cornwall; |
official plan |
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(h) "official plan" means a plan for a municipality adopted
under Part III; |
planning board |
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(i) "planning board" means a planning board or joint
planning board appointed under Part III; |
resident |
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(j) "resident" in relation to a municipality, means a
person who has attained the age of eighteen years and is ordinarily resident within the
boundaries of the municipality; |
subdivision |
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(k) "subdivision" means |
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(i) the
division of a parcel of land to create two or more new parcels of land, |
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(ii) the consolidation of
two or more contiguous parcels of land to create a new parcel of land, or |
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(iii) the attachment
of a part of a parcel of land to another parcel of land contiguous to that
part to create a new parcel of land, |
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by means of a plan of
subdivision, a plan of survey, an agreement, a deed or
any other instrument, including a caveat, that transfers or creates an
estate or interest in the new parcels of land created by the division, or in
the new parcel of land created by the consolidation or the attachment, as
the case may be; |
subdivision agreement |
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(l) "subdivision agreement" means an agreement between a
council and a developer whereby the developer undertakes to provide basic services in
order to develop a plan of subdivision.
1988,c.4,s.1; 1991,c.18,s.22; 1993,c.29,s.4;
1994,c.46,s.1 {eff.} March 31, 1995; 1995,c.29,s.1 {eff.} Oct. 14/95;
1997,c.20,s.3; 2000,c.5,s.3; 2009,c.73,s.2; 2010,c.31.s.3; 2012,c.17,s.2;
2014,c.40,s.1; 2015,c.28,s.3. |
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OBJECTS
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Objects |
2. The objects of this Act are |
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(a) to provide for efficient planning at the provincial and municipal
level; |
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(b) to encourage the orderly and efficient development of public
services; |
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(c) to protect the unique environment of the province; |
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(d) to provide effective means for resolving conflicts respecting land
use; |
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(e) to provide the opportunity for
public participation in the planning process.
1988,c.4,s.2. |
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PART I
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LAND USE COMMISSION |
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Sections 3 to 5 repealed by 1991,c.18,s.22 {eff.} Nov.
4/91. |
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PART II
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PROVINCIAL PLANNING |
Role of Minister |
6. The Minister shall |
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(a) advise the Lieutenant Governor in Council on
provincial land use and development policy; |
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(b) perform the functions conferred on him by this Act and the
regulations; |
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(c) generally, administer and enforce this Act and the regulations, |
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and may |
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(d) provide planning advisory services; |
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(e) promote co-operation between municipalities with respect to
inter-municipal or regional planning issues; |
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(f) promote public participation in the development of policies; |
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(g) establish organizations and groups which he may consult respecting
the exercise of his functions; |
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(h) delegate any of
his functions under this Act or the regulations.
1988,c.4,s.6. |
Role of cabinet |
7. (1) The Lieutenant Governor in Council may |
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(a) adopt provincial land use development policies; |
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(b) establish minimum requirements applicable to official plans; |
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(c) make regulations establishing minimum development standards
respecting |
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(i) public health and safety, |
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(ii) protection of the natural environment, |
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(iii) landscape features. |
Modification of official plan and bylaws to conform with regulations |
(2) Where regulations have been made pursuant to
clause (1)(c) or section 8.1, the council of a municipality with an official plan or
bylaws made under this Act shall, within one hundred and twenty days of the date of
publication of the regulations in the Gazette, make such amendments to its official plan
or bylaws as are necessary to ensure that any requirements imposed thereby are not less
stringent than those imposed by the comparable provision of the regulations. |
Procedure |
(3) Sections 11, 13 and 18 do not apply to an
amendment made pursuant to subsection (2). |
Declaration nullifying municipal bylaws |
(4) Where a council fails to comply with
subsection (2), the Lieutenant Governor in Council may, by order, declare |
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(a) the official plan or bylaws, or any part thereof, made by that
council to be null and void; |
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(b) which of the provisions of the regulations made pursuant to clause
(1)(c) apply in their stead. |
Effect of order |
(5) Where an order is made under subsection
(4),
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(a) the regulations made under clause (1)(c), or such parts of them
as are specified in the order, apply in the municipality in which the council has
jurisdiction; and |
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(b) the Minister has exclusive jurisdiction with respect to subdivision
approvals, development permits and building permits in the municipality, but any such
approval or permit issued before the date of the order is valid if it complied with the
official plan and bylaws in force at the time of issue.
1995,c.29,s.2 {eff.} Oct.
14/95. |
Provincial planning regulations |
8. (1) The Lieutenant Governor in Council may
make provincial planning regulations applicable to any area except a municipality with an
official plan and bylaws |
general |
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(a) with respect to planning and land use matters affecting the
general welfare, health, safety and convenience of persons in any area or municipality; |
areas |
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(b) with respect to the definition of areas to be regulated;
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zoning |
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(c) with respect to land use zones, and in particular
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(i) establishing and prescribing the geographical boundaries of
zones, |
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(ii) prescribing permitted uses of land and structures within zones, and |
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(iii) establishing and regulating areas as conservation zones for the
purpose of preserving therein objects of beauty, fossil remains, other objects, animate
and inanimate, of aesthetic, educational or scientific interest, or for the purpose of
preserving any unusual combination of elements of the natural environment having
educational, historic or scientific interest, |
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(iv) establishing and regulating areas as environmentally sensitive
areas; |
subdivision |
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(d) with respect to the subdivision of land and in particular |
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(i) governing, restricting and prohibiting subdivision of land, |
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(ii) setting out procedures for subdivision application, |
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(iii) empowering and governing subdivision agreements between the
Minister and subdividers and between vendors and purchasers, |
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(iv) requiring a subdivider to convey to the Crown or a non-profit
corporation, for open space, recreation, park or other public use, for the benefit and
enjoyment of landowners and residents in the neighbourhood, up to 10 per cent of the land
being subdivided or to apply the equivalent value thereof to be held in a fund for those
purposes;
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development and
services |
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(e) with respect to the development of land and the provision of
services and in particular |
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(i) governing the servicing of land with streets, sidewalks, and
piped services, |
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(ii) establishing standards and timetables for the servicing of land, |
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(iii) establishing cost-sharing schedules for development and
maintenance between the developer and the Crown or between vendors and purchasers, |
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(iv) authorizing the Minister to negotiate development agreements with a
developer; |
building
standards
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(f) with respect to building standards and in particular |
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(i) adopting all or part of the National Building Code, |
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(ii) establishing standards for the prevention and suppression of
fires, |
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(iii) establishing and prescribing architectural control standards; |
permits |
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(g) with respect to the use of permits and in particular |
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(i) requiring the use of permits for subdivision and development, |
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(ii) setting the terms and conditions under which permits may be issued,
refused, suspended, reinstated and revoked, |
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(iii) providing penalties for failure to obtain permits, |
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(iv) providing methods, sanctions and procedures for ensuring compliance
with the terms and conditions of permits, |
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(v) empowering and governing development agreements between the Minister
and a developer, |
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(vi) prescribing fees for permits, |
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(vii) providing for and authorizing the lawful inspection and entry
therein of properties that are the subject of permits;
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environment
protection |
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(h) with respect to environmental protection and in particular |
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(i) establishing as a precondition to issue of a permit that the
provisions of the
Environmental Protection Act
R.S.P.E.l. 1988, Cap. E-9 and the
regulations thereunder be complied with, |
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(ii) that failure to comply be grounds for refusal or revocation of
permits; |
scenic heritage
roads |
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(i) Repealed
by 2005,c.46,s.1. |
access to highways |
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(j) with respect to access to streets and highways and in
particular, subject to the provisions of the
Roads Act
R.S.P.E.I. 1988,
Cap. R- 15, |
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(i) regulating access roads and lanes and driveways having access to
a street or highway in accordance with the laws of the province, |
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(ii) requiring a permit before
the construction of such roads, lanes and driveways, |
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(iii) imposing limitations or
conditions on a permit; |
mobile homes |
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(k) with respect to mobile homes, mobile home courts, travel
trailers used as a residence and travel trailer courts and in particular |
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(i) prescribing terms and conditions respecting their use, location,
maintenance, design and construction, |
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(ii) requiring permits therefor; |
special planning areas |
(1) repealed by 1991,c.30,s.1;
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parking areas |
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(m) with respect to vehicular parking and in particular
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(i) regulating the allocation of space for parking and loading areas
in each lot of a subdivision, |
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(ii) requiring the setting aside of land in a subdivision, building or
development site for vehicular parking and loading including space for public
transportation services; |
summer cottages |
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(n) with respect to summer cottages and in particular
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(i) prescribing terms and conditions respecting their use, location,
maintenance, design and construction, |
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(ii) prescribing terms and conditions respecting the subdivision and
development of land for summer cottage purposes, |
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(iii) requiring permits for summer cottage construction and the
subdivision of land for summer cottage use; |
fees |
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(o) prescribing fees in respect of an application for a
subdivision fees approval, development permit or building permit; |
land identification program |
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(p) with respect to a land identification program to prevent
commercial or industrial development or subdivision of identified land and respecting the
particulars of a land identification agreement; |
enforcement |
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(q) with respect to the enforcement of this Act, regulations and
bylaws and in particular |
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(i) empowering the Minister to take such remedial or other action as
may be necessary to ensure compliance with this Act and the regulations, including the
taking of an action required to be taken by a permittee or any other person, |
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(ii) empowering the Minister to incur such costs as are necessary in
taking such remedial or other action and to charge them to the permittee or other person; |
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(iii) respecting the
persons or officers, or classes of person or officers, who have the power
and authority to enforce this Act and the regulations or any specified
provisions of this Act and the regulations, and |
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(iv) respecting the
powers and duties of persons or officers who enforce this Act and the
regulations or specified provisions of this Act and the regulations. |
Municipal plan |
(1.1) Repealed by 1995,c.29,s.3. |
Restrictions on zoning for public purposes |
(2) No zone shall be established
pursuant to clause (1)(c) in which the land therein is used or intended to be used
exclusively for public purposes unless all the land in the zone is owned by the Crown, a
municipality or a public authority or is intended to be acquired by the Crown, a
municipality or a public authority within six months after the date of establishment of
the zone and, in the case of a zone established by a municipality on land owned by the
Crown or a public authority, the written approval of the Crown or public authority is
first obtained. |
Subdivision agreement, effects of covenants |
(3) Where pursuant to this Act or any
regulation made under subsection (1) an agreement respecting a subdivision of land is made
by and between a developer and the Minister which provides for the incorporation of a
company to hold and manage an area of land or facilities for the common benefit of the
owners from time to time of land within the subdivision affected by the agreement, any
covenants made pursuant to that agreement between the developer and the owners of land
within the subdivision and expressed to run with the land shall run with the land and be
binding upon any subsequent owner thereof notwithstanding that such covenant is positive
in nature. |
Registration in registry office |
(4) Subsection (3) is of no effect unless and
until the agreement referred to therein between the Minister and the developer and the
covenants between the developer and the owners are registered in the office of the
Registrar of Deeds for the county in which the land is situated. |
Prohibitions |
(5) For the avoidance of doubt it is declared
that the power to make regulations with respect to any activity or development pursuant to
subsection (1) includes power to prohibit that activity or development. |
Cancellation of land identification agreement |
(6) Where real property has been identified
pursuant to the regulations made under clause (1)(p), the land identification agreement
may be altered or cancelled only |
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(a) by a majority vote of the Commission; and |
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(b) with the consent in writing of the current owner.
1988,c.4,s.8;
1991,c.30,s.1 {eff.} May 16/91; 1991,c.18,s.22 {eff.} Nov. 4/91;
1995,c.29,s.3; 2005,c.46,s.1; 2006,c.16,s.63(9.3). |
Regulations, special planning areas |
8.1 The Lieutenant Governor in Council may
make regulations with respect to special planning areas and, in particular |
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(a) establishing the special planning areas; |
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(b) prescribing their geographical boundaries; |
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(c) defining the objectives, purpose and function of the special
planning areas; |
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(d) regulating development in special planning areas; |
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(e) superseding or suspending the application of the bylaws of a
municipality or any part of such bylaws within a special planning area and substituting
therefor regulations under this Act.
1991,c.30,s.2 {eff.} May 16/91; 1994,c.46,s.2 {eff.}
July. 14/94. |
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PART III
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MUNICIPAL PLANNING
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Responsibility of council |
9. (1) The council of a municipality which has
an official plan adopted under this Act or a previous Planning Act is responsible
for administration of the official plan within the boundaries of the municipality. |
Consistency with provincial policies, etc. |
(1.1) Where |
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(a) a provincial land use and development policy
pursuant to clause 7(1)(a); |
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(b) minimum requirements applicable to official plans pursuant to clause
7(l)(b); or |
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(c) regulations
pursuant to clause 7(1)(c)
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have been adopted, established
or made, the land use policy of a council or the official bylaws of a
municipality shall, subject to subsection 7(2), be consistent with them. |
Planning board |
(2) The council of a municipality may appoint
a planning board to prepare an official plan. |
Duties and powers of planning board |
(3) The planning board has the following
powers and duties:
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(a) to investigate and survey the physical, social
and economic conditions in relation to the development of the municipality; |
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(b) to recommend to the council, for its adoption, an interim planning
policy; |
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(c) to prepare and recommend to council for its adoption a proposed
official plan; |
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(d) to prepare and recommend to the council proposed alterations and
additions to the official plan; |
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(e) to recommend to the council bylaws in respect of the official plan; |
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(f) to hold public meetings; |
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(g) when requested by the council so to do, to prepare estimates of the
cost of any public work, improvement, or other project; and |
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(h) to perform such other duties of a planning nature as may be
requested by the council.
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Constitution |
(4) A planning board shall consist of
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(a) a chairman who shall be a member of the council; and |
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(b) not less than two other members who may be members of the council.
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Term of office |
(5) Members of a planning board hold office
until their successors are appointed. |
Notice to Minister |
(6) The council shall notify the Minister of
the establishment of a planning board, give the names of the members thereof and notify
the Minister of any changes in the membership of the board. |
Remuneration |
(7) The members of a board shall
receive such remuneration and expenses as the council may determine. |
Powers |
(8) For the purpose of assisting a planning
board to prepare an official plan, a council may |
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(a) employ staff; |
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(b) engage consultants; |
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(c) incur expenditures; |
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(d) study, investigate and survey physical, social and economic matters
relevant to the preparation, amendment or implementation of an official plan.
1988,c.4,s.9; 1991,c.30,s.3 {eff.} May 16/91; 1994,c.46,s.3 {eff.} July
14/94; 1995,c.29,s.3 {eff.} Oct. 14/95. |
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INTERIM PLANNING POLICY
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Interim planning policy |
10. (1) A planning board may
recommend to the council the adoption of an interim planning policy containing
limitations, restrictions and prohibitions on land use pending the completion of an
official plan.
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Refusal pending adoption of bylaws |
(2) The council or the
Minister, as the case may be, may refuse to hear applications for subdivision approvals,
development permits or building permits from the date of receipt by the council of the
proposed interim planning policy until the bylaws giving effect to the policy come into
force.
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Notice |
(3) The council shall, before adopting an
interim planning policy hold at least one public meeting, notice of which is published on
at least two occasions in a newspaper circulating in the area, not less than seven days
before the meeting, in order to give an opportunity to residents and other interested
persons to make representation. |
Minutes of meeting |
(4) The council shall maintain a record of the
proceedings at the public meeting and, in particular, of the objections and
representations made by the residents and other interested persons. |
Bylaws |
(5) Within sixty days after the public meeting
the council may, with the approval of the Minister, make bylaws to give effect to the
interim planning policy. |
Suspension of provincial regulations |
(5.1) Where a bylaw has been made under
subsection (5), regulations made under subsection 8(1) are suspended while the bylaw is in
effect. |
Duration |
(6) The bylaws shall remain in effect for a
period of six months but may be extended for a further period not exceeding six months. |
Application |
(7) Bylaws giving effect to an interim
planning policy do not apply in respect of any development for which application is made
prior to the date of the receipt by the council of the proposed interim planning policy
from the planning board.
1988,c.4,s.10; 1995,c.29,s.5 {eff.} Oct. 14/95. |
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OFFICIAL PLAN
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Opportunity for public input |
11. (1) Before recommending to the council the
adoption of an official plan or any review of an official plan, the planning board shall
give an opportunity to residents and other interested persons to make representations. |
Public meeting |
(2) The board shall hold at least one public
meeting, notice of which is published on at least two occasions in a newspaper circulating
in the area indicating |
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(a) in general terms, the content of the official plan or review of
the official plan and the proposed implementing bylaws; |
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(b) the date, place and time of the meeting, which shall be held not
less than seven clear days after the date of publication of the notice; |
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(c) the location at which copies of the proposed official plan or review
of the official plan or proposed bylaws may be inspected during office hours; and |
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(d) that residents and other interested persons are invited to attend
and make representations concerning the plan or review. |
Minutes of meeting |
(3) The planning board shall
maintain a record of the proceedings at the public meeting and, in
particular, of the objections and representations made by residents and
other interested persons.
1988,c.4,s.11. |
Official plan |
12. An official plan shall include
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(a) a statement of economic, physical, social and environmental
objectives; |
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(b) a statement of policies for future land use, management and
development, expressed with reference to a specified period not exceeding fifteen years; |
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(c) proposals for its
implementation, administration and the periodic review of the extent to
which the objectives are achieved.
1988,c.4,s.12. |
Approval by planning board |
13. The
planning board shall recommend to the council the adoption of an official
plan if approved by a vote of the majority of the members of the board
present and voting at a meeting thereof.
1988,c.4,s.13. |
Adoption of plan |
14. (1) The council may adopt an official plan
by resolution.
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Procedure |
(2) Following the adoption of the official
plan by the council, the plan
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(a) shall continue to be available for public inspection at the
office of the municipality; |
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(b) shall be submitted to the Minister for approval accompanied by a
copy of the notice given under subsection 11(2) and a copy of the minutes of the public
meeting.
1988,c.4,s.14; 1994,c.46,s.4 {eff.} Sept. 1/94. |
Procedure following Minister approval
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15. (1) Following the approval
of an official plan by the Minister
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(a) the plan becomes the official plan for the area; |
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(b) a copy of the official plan as approved by the Minister shall be
published in the Gazette; |
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(c) the Minister shall deposit a copy of the official plan, certified by
the chairman as a true copy, in the office of the Registrar of Deeds for the county to
which the plan relates; and |
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(d) the council shall, as soon as is practicable, cause bylaws to be
made to implement the official plan.
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Bylaws, conformity with plan |
(2) The bylaws or
regulations made under clause (1)(d) shall conform with the official plan
and in the event of any conflict or inconsistency, the official plan
prevails.
1988,c.4,s.15; 1991,c.1,s.1; 1991,c.18,s.22;
1994,c.46,s.4 {eff.} Sept. 1/94; 1995,c.29,s.6 {eff.} Oct. 14/95. |
Review
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15.1 (1) The council of a
municipality shall review its official plan and bylaws at intervals of not more than five
years and shall by resolution confirm or amend them and where the official plan and by
laws were made or last reviewed more than three years before the date on which this
section comes into force the council shall review them within three years of that date.
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Declaration nullifying municipal bylaws |
(2) Where a council fails to comply with
subsection (1), the Lieutenant Governor in council may, by order, declare that the
official plan and bylaws, or parts thereof, are null and void.
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Effect of order |
(3) Where an order is made under subsection
(2), |
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(a) the regulations made under clause 7(1)(c) or
section 8, or such parts of them as are specified in the order, apply in the municipality
in which the council has jurisdiction; |
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(b) to the extent that the official plan or bylaws are declared null and
void, the Minister has exclusive jurisdiction with respect to subdivision approvals,
development permits and building permits in the municipality, but any such approval or
permit issued before the date of the order is valid if it complied with the official plan
and bylaws in force at the time of issue.
1995,c.29,s.7 {eff.} Oct. 14/95. |
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MUNICIPAL PLANNING BYLAWS
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Municipal planning bylaws
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16. A
council may make bylaws implementing an official plan for the municipality.
1988,c.4,s.16. |
Approval of Minister |
17. The
bylaws shall be subject to the approval of the Minister and shall be
effective on the date of approval by the Minister.
1988,c.4,s.17. |
Notice of meeting |
18. (1) Before making any bylaw the council
shall |
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(a) give an opportunity to residents and other
interested persons to make representations; and |
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(b) at least seven clear days prior to the meeting, publish a notice in
a newspaper circulating in the area indicating in general terms the nature
of the proposed bylaw and the date, time and place of the council meeting at which it will
be considered.
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Bylaw amendment requiring official plan amendment |
(2) Where a bylaw amendment requires an
amendment to the Official plan pursuant to subsection 15(2), the council may consider the
official plan amendment concurrently with the bylaw and shall
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(a) indicate in general terms, in the notice published under
clause (1)(b), the nature of the proposed plan amendment; and |
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(b) give the planning board an
opportunity to comment on the plan amendment prior to adoption of the
amendment.
1988,c.4,s.18.
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Procedure |
19. A bylaw shall be made in accordance with the
following procedure:
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(a) it is read and formally approved by a majority of councilors on
two occasions at meetings of the council held on different days; |
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(b) after it is read a second time, it is formally adopted by resolution
of the council; |
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(c) it is signed by the mayor or chairman, the administrator and the
Minister and formally declared to be passed, and sealed with the corporate seal of the
municipality; |
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(d) the minutes of the meeting record the name of the bylaw and the fact
that it is passed; and |
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(e) a copy of the bylaw bearing the
signature of the mayor or chairman, the administrator and the Minister is
entered into the register of bylaws retained by the administrator.
1988,c.4,s.19. |
Bylaws |
20. (1) The powers of a council to make bylaws
includes the power to make bylaws applicable within the municipality with respect to all
of the matters set out in clauses 8(a) to (q) except clauses (i), (l) and (p) as if |
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(a) references to the Crown were references to the municipality; |
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(b) references to the Minister were references to the council.
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Development officer |
(2) A council
may appoint a development officer to administer the bylaws for the council.
1988,c.4,s.20.
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RETURNS
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Statistical return |
21. The
council of a municipality shall forward to the Minister an annual
statistical return showing all subdivision plans approved and building
permits issued in the municipality.
1988,c.4,s.21. |
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JOINT PLANNING BOARD
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Joint planning boards |
22. (1) Where two or more councils wish to
establish a joint planning board, they may do so by passing a joint resolution to that
effect setting out the representation and functions of the joint planning board. |
Application |
(2) The provisions of
this Part apply, with the necessary changes, to a joint planning board as if
it were a planning board for the relevant area.
1988,c.4,s.22. |
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PART IV
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ENFORCEMENT
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Definition
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23.
In this Part "appropriate authority" means the Minister or a council, as the
case may be.
1988,c.4,s.23.
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PART III.1 |
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NOTICE OF DECISIONS |
Notice of
decision of Minister or council |
23.1 (1) Where |
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(a) the Minister makes a decision of a type described in subsection 28(1);
or |
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(b) the council of a
municipality makes a decision of a type described in subsection 28(1.1) |
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the Minister or council,
as the case may be, shall, within seven days of the date the decision is
made, cause a written notice of the decision to be posted |
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(c) on an Internet
website accessible to the public; and |
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(d) at a location
accessible to the public during business hours, |
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(i) if the decision is
made by the Minister, in |
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(A) a provincial
government office in Charlottetown, and |
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(B) a provincial
government office in the county where the land that is the subject of the
decision is located, or |
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(ii) if the decision is
made by the council of a municipality, in that municipality. |
Contents of
notice |
(2) A notice of a
decision that is required to be posted under subsection (1) shall contain |
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(a) a description of the land that is the subject of the
decision;
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(b) a description of the
nature of the application in respect of which the decision is made; |
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(c) the date of the
decision; |
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(d) the date on which the
right to appeal the decision under section 28 expires; and |
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(e) the phone number of a
person or an office at which the public may obtain more information about
the decision.
2006,c.15,s.1
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Enforcement
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24. (1) Any bylaw or regulation made pursuant to the powers
conferred by this Act or a bylaw made under Part I of the Charlottetown
Area Municipalities Act R.S.P.E.I. 1988, Cap. M-4.1, or the City of
Summerside Act R.S.P.E.I. 1988, Cap. S-9.1 relating to planning matters
may be enforced and the breach thereof may be restrained by application at
the instance of the appropriate authority to the Supreme Court.
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Remedies |
(2) In any proceeding commenced under
subsection (1), the Supreme Court or a judge thereof may grant one or more of the
following: |
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(a) a declaration that an act engaged in or about to be
engaged in by a person is or will be a breach of any bylaw or regulation or provision of
this Act; |
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(b) an injunction restraining any person from breaching or continuing to
breach any such bylaw, regulation or provision; |
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(c) an order directing any person to comply with the requirements of any
such bylaw, regulation or provision and directing that compliance be carried out under the
supervision of a named person; |
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(d) such other order as the court or judge may determine.
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Absence of approval |
(3) Where any subdivision of land or a lot
within a subdivision requires the approval of the appropriate authority, no person shall
convey a lot without first obtaining approval and no building or development permit shall
be issued by the appropriate authority prior to approval of the subdivision of land or the
lot within the subdivision.
1988,c.4,s.24; 1994,c.6, Sch.2 {eff.} March 31/95.
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Evidentiary provisions |
25. In any prosecution for an offence
under this Act |
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(a) prima facie proof that a permit or
license under this Act or the regulations has or has not been issued may be made by a
certificate purporting to be signed by the executive director of the Commission or by an
officer of the Department of Communities, Land and Environment and, where the name in
the certificate is the same as the name of the person charged with the offence, it shall
be prima facie proof that he is the person named in the certificate; |
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(b) prima facie proof of the boundaries of any municipality may
be made by a certificate purporting to be signed by the administrator setting out
the legal description of the boundaries; |
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(c) proof that a municipality is or is not incorporated may be
made by a certificate purporting to be signed by the administrator
specifying in the case of incorporation the date of incorporation.
1988,c.4,s.25;
1993,c.29,s.4; 1997,c.20,s.3; 2000, C.4,S.3; 2009,c.73.s.2; 2012,c.17,s.2;
2015,c.28,s.3.
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Offence and penalty |
26. (1) Every person who contravenes any
provision of this Act or any bylaw or regulation made under this Act is guilty of an
offence and liable on summary conviction
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(a) on a first conviction, to a fine not exceeding $2,000; |
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(b) on a subsequent conviction, to a fine of not more than $400 for each
day upon which the contravention has continued after the day on which he was first
convicted.
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Limitation period |
(2) Any prosecution for an offence under
subsection (1) may be instituted within one year after the time when the contravention
occurred.
1988,c.4,s.26; 1994,c.46,s.5 {eff.} July 14/94. |
Production of permit |
27. (1) Where any building or structure is being
constructed or other activity performed for which a permit is required under any bylaw or
regulation made pursuant to this Act, a person authorized by the Minister or the council
may require the person constructing the building or structure or performing the activity
to show to him the permit therefor and on failure to do so within one day thereafter, that
person is guilty of an offence. |
Power of entry |
(2) For the purposes of
subsection (1), a person authorized by the Minister or the council may enter
upon any lands upon which the building or structure is being
constructed or the activity performed.
1988,c.4,s.27. |
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PART V
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APPEALS
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Appeals
from decisions of Minister |
28. (1) Subject to
subsections (1.2) to (4), any person who is dissatisfied by a decision of the
Minister that is made in respect of an application by the person, or any other
person, pursuant to the regulations for |
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(a) a development permit; |
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(b) a preliminary approval
of a subdivision or a resort development; |
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(c) a final approval of a
subdivision; |
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(d) the approval of a
change of use; or |
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(e) any other authorization
or approval that the Minister may grant or issue under the regulations, |
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may appeal the decision to
the Commission by filing with the Commission a notice of appeal. |
Appeals
from decisions of council |
(1.1) Subject to
subsections (1.2) to (1.4), any person who is dissatisfied by a decision of
the council of a municipality |
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(a) that is made in respect
of an application by the person, or any other person, under a bylaw for |
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(i) a building,
development or occupancy permit, |
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(ii) a preliminary
approval of a subdivision, |
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(iii) a final approval of
a subdivision; or |
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(b) to adopt an amendment
to a bylaw, including |
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(i) an amendment to a
zoning map established in a bylaw, or |
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(ii) an amendment to the
text of a bylaw, |
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may appeal the decision to
the Commission by filing with the Commission a notice of appeal. |
"bylaw" |
(1.2) In subsection (1.1) and
subsection (1.4) “bylaw” means a bylaw made under this Act. |
Notice of
appeal and time for filing |
(1.3) A notice of appeal must
be filed with the Commission within 21 days after the date of the decision being
appealed. |
Council
decision that requires Minister's approval |
(1.4) For greater certainty,
where a person is dissatisfied by the decision of a council of a municipality to
adopt an amendment to a bylaw, the 21-day period for filing a notice of appeal
under this section commences on the date that the council gave final reading to
the amendment to the bylaw. |
Elimination
of appeal when development approved under Environmental Protection Act |
(2) Where the Lieutenant
Governor in Council has by order declared that |
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(a) a development for which
approval is required under the Environmental Protection Act has met
all the requirements of that Act and written approval has been given; and |
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(b) the right of appeal to
the Commission in respect of that development should be curtailed, |
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subsection (1) has no
application and there is no right of appeal to the Commission in respect of a
decision on that development. |
Reasons to
be tabled |
(3) Where a declaration has
been made under subsection (2), the Lieutenant Governor in Council shall submit
to the next session of the Legislative Assembly a statement of the reasons for
making the declaration. |
Exceptions |
(4) No appeal lies from a
decision of the council or the Minister respecting |
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(a) the final approval of a
subdivision where the grounds for the appeal are matters that could have
been heard and determined at the stage of preliminary approval of the
subdivision; or |
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(b) the final approval of a
subdivision or development permit within a resort development, where the
grounds for the appeal are matters that could have been heard and determined
at the stage of preliminary approval of that subdivision or development.
2001, c.47,s.1. |
Notice |
(5) A notice of appeal to the
Commission under subsection (1) shall be in writing and shall state the grounds
for the appeal and the relief sought. |
Service
upon council or Minister |
(6) The appellant shall,
within seven days of filing an appeal with the Commission, serve a copy of the
notice of appeal on the council or the Minister, as the case may be. |
Procedure |
(7) Subject to adherence to
the rules of natural justice, the Commission shall determine its own procedure. |
Order |
(8) The Commission shall hear
and decide appeals and shall issue an order giving effect to its disposition. |
Reasons |
(9) The Commission shall give
reasons for its decision. |
Implementation |
(10) The council or the
Minister, as the case may be, shall implement an order made by the Commission.
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Action by
Commission |
(11) Where the council or the
Minister, as the case may be, fails to implement an order made under subsection
(8), the Commission, on its own initiative or the initiative of an interested
person, may act in the name of the council or the Minister to implement the
order. 1995, c.29,s.8
{eff.} Oct. 14/95; 2006,c.15,s.2. |
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PART VI
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MAJOR DEVELOPMENT
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Sections 29-39
repealed by 1999,c.39.s.1.
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PART VII
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MAJOR RETAIL DEVELOPMENT
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Sections 40 - 43 repealed by 1991,c.30,s.5 {eff.} May
16/91. |
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PART VIII
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GENERAL
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Transitional |
44. The Lieutenant Governor in Council may make
regulations for the effective transition from the administration of the Planning Act
R.S.P.E.I. 1974, Cap. P-6 to this Act and the regulations may include
provisions for the lapse of existing municipal bylaws unless an official
plan is adopted by the municipality within such period as may be prescribed.
1988,c.4,s.44. |
Agreements re land identification programs |
45. Agreements made or deemed to be entered into
under the land identification program established under the Planning Act
R.S.P.E.I.
1974, Cap. P-6
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(a) where the land is identified for agricultural use, shall cease to
have effect and are deemed to be null and void on the date this Act comes into force; |
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(b) where the land is identified for
non-development use, shall continue in force and shall have effect as if
made in accordance with regulations made under clause 8(1)(p).
1988,c.4,s.46; 1990,c.44,s.2. |
Existing official plans and bylaws |
46. (1) Where, on the date this section comes
into force, a municipality has an official plan or a bylaw controlling development made
under this or any other Act, the official plan or bylaw shall, unless earlier revoked or
replaced by the council of the new municipality created under the Charlottetown Area
Municipalities Act or the City of Summerside Act, remain in effect
until October 14, 1998 and shall be deemed to have been adopted or made by the council of
the new municipality. |
Idem |
(2) Where an area under the jurisdiction
of the Minister for development control purposes becomes a part of a new municipality
referred to in subsection (1), the regulations made under the Planning Act shall,
unless earlier revoked or replaced by the council of the new municipality created under
the Charlottetown Area Municipalities Act or the City of Summerside Act, remain
in effect for a period of up to three years and shall be deemed to have been adopted or
made by the council of the new municipality.
1994,c.46,s.6 {eff.} Mar.31/95; 1998,c.76,s.1. |
Transitional |
47. (1) A subdivision approval, development
permit or building permit issued by the council of municipality after May 16, 1991, and
before the date on which this section comes into force shall be deemed to have been
validly issued if it complied with the official plan and bylaws then in force and shall
not be liable to challenge on the ground that the official plan and bylaws were less
stringent than the regulations made under this Act. |
Existing decision of Commission |
(2) Notwithstanding subsection (1), any
decision of the Commission on the issue of whether a particular official plan or bylaw was
or was not less stringent than the regulations shall stand.
1995,c.29,s.10 {eff.} Oct.
14/95. |
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