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Chapter B2-2 ver. 1
Intergovernmental Agreement with the Province of Alberta re Town of Banff Incorporation Agreement, 1989
Table of Contents
- Survey Instructions Home
-
Part B - Agreements
-
B2 - Intergovernmental Agreements
-
Part D - Survey Standards
- D1 - Official Surveys
- D2 - Explanatory Plans
- D3 - Strata Surveys
- D4 - Condominium Surveys
- D5 - Registration and Land Use Area Plans
- D6 - Oil and Gas Surveys in Indian Reserves
- D7 - Oil and Gas Surveys in the Territories and Offshore
- D8 - Mineral Claim Surveys in the Northwest Territories and Nunavut
- D9 - Mineral Claim Surveys in Yukon
- D10 - Field Monitoring of Exterior Boundaries and Interior Frameworks
- D11 - Boundary Maintenance
- D12 - Control Surveys
- D13 - Basemapping
- D14 - Land Descriptions
- D15 - Survey Reports
- D16 - As-built Surveys
- D17 - Guidelines for the preparation of Legal Description Reports for the Individual First Nation Agreement under the First Nations Land Management Act
-
Part E - Appendices
Effective Date
This agreement was made December 12, 1989 and came in force retroactively on December 8, 1989 (P.C.1989-2441). It was originally published in Chapter B2 of the Third Edition of the Manual of Instructions for the Survey of Canada Lands. Only excerpts of the agreement are published on this Web site.
Chapter Sections
- Memorandum of Agreement
- ARTICLE 1 - DEFINITIONS
- ARTICLE 2 - CREATION OF TOWN
- ARTICLE 3 - BOUNDARIES
- ARTICLE 4 - GENERAL MUNICIPAL FUNCTIONS OF TOWN
- ARTICLE 5 - PLANNING FUNCTIONS OF TOWN
- ARTICLE 6 - CONTINUING JURISDICTION OF CANADA
- ARTICLE 7 - TRANSITIONAL
- ARTICLE 11 - LEASES
- ARTICLE 13 - MISCELLANEOUS
- SCHEDULE 1 - MUNICIPAL GOVERNMENT ACT
- SCHEDULE 2 - PLANNING ACT
Excerpts of an Agreement between
The Government of Canada
and
The Government of Alberta
Memorandum of Agreement
This Memorandum of Agreement made this 12
th day of December , 1989.
Between:
the Government of Canada,
(hereinafter called "Canada"),
of the first part,
and
the Government of the Province of Alberta,
(hereinafter called
"Alberta"),
of the second part.
WHEREAS the residents of the town of Banff in Banff National Park, a National Park of Canada, in the Province of Alberta, by a plebiscite held on the 13th day of June, 1988, signified their desire for local government by the establishment of a municipal corporation;
AND WHEREAS pursuant to section 8.2 of the National Parks Act, R. S. C. 1985, c. N-14, 4th Supplement, c. 39, subject to the approval of the Governor General in Council, the Minister of the Environment is authorized to enter into and execute this Agreement with Alberta for the establishment of a local government body for the town of Banff, and to entrust local government functions to that body;
AND WHEREAS pursuant to section 17, of The Department of Municipal Affairs Act, R. S. A. 1980, c. 103, and section 2 of the Parks Towns Act, S. A. 1989, c. P-1.5, the Minister of Municipal Affairs is authorized to execute this Agreement on behalf of Alberta;
AND WHEREAS the parties desire to enter into this Agreement for the purposes of establishing a local government body for the townsite of Banff and entrusting to that body certain local government functions, and for matters related and incidental thereto, all as are hereinafter more particularly set forth.
THE PARTIES HERETO COVENANT AND AGREE AS FOLLOWS:
ARTICLE 1 - DEFINITIONS
1.1 In this Agreement,
- (a) "Federal Minister" means a member of the Queen's Privy Council
for Canada designated by the Governor in Council as the Minister for
purposes of the National Parks Act, or his delegate;
- (b) "Municipal Government Act" means R. S. A. 1980, c.
M-26 as amended to January 1, 1989;
- (c) "National Parks Act" means R. S. C. 1985, c. N-14,
Supplement, c. 39;
- (d) "Provincial Minister" means the Minister of Municipal Affairs
or his delegate and his successor;
- (e) "Park" means Banff National Park, including the townsite;
- (f) "Parks Towns Act" means S. A. 1989, c. P-1.5;
- (g) "Town" means the Corporation of the Town of Banff and includes
its council, officers, employees, boards, committees or other
agencies;
- (h) "townsite" means that area of land in Banff National Park whose boundaries have been established pursuant to Article 3.
ARTICLE 2 - CREATION OF TOWN
2.1 The parties agree that there will be established a municipal corporation to be known as the Town of Banff.
2.2 Such municipal corporation shall be established pursuant to the Parks Towns Act to provide local government in the townsite in accordance with this Agreement.
2.3 Each party shall take those actions necessary to enable the incorporation of the Town effective January 1st, 1990.
ARTICLE 3 - BOUNDARIES
3.1 The townsite boundaries to be used in incorporating the Town under the Parks Towns Act, shall be the boundaries described in Plan Number 72468 in the Canada Lands Surveys Records at Ottawa, a copy of which was deposited at the Land Titles Office for the South Alberta Land Registration District on November 29, 1989, as Plan Number 8911788.
3.2 Pursuant to s. 8.1 of the National Parks Act the boundaries of the townsite when fixed by Order in Council, shall constitute the boundaries of the Town and such boundaries shall not be altered by annexation or otherwise except by amendment to the National Parks Act.
ARTICLE 4 - GENERAL MUNICIPAL FUNCTIONS OF TOWN
4.1 Subject to this Agreement, effective January 1, 1990, the Town shall have all the rights, obligations, duties, powers and functions, and be subject to the same limitations and restraints, provided for by the laws of Alberta as they existed on January 1, 1989, that apply to towns incorporated pursuant to the Municipal Government Act.
4.2 The Federal Minister may declare any amendments made after January 1, 1989 to the laws of Alberta pertaining to a town by the Legislative Assembly of Alberta or by the Lieutenant Governor in Council to apply in whole or in part to the Town.
4.3 As set out in the Banff National Park Management Plan, the purposes and objectives for the townsite are as follows:
- (a) to maintain the townsite as part of a World Heritage Site;
- (b) to serve, as its primary function, as a centre for visitors to
the Park and to provide such visitors with accommodation and other
goods and services;
- (c) to provide the widest possible range of interpretive and
orientation services to Park visitors;
- (d) to maintain a community character which is consistent with and
reflects the surrounding environment; and
- (e) to provide a comfortable living community for those persons who need to reside in the townsite in order to achieve its primary function.
4.4 The Town shall not exercise any of the powers, duties and functions contained in the following sections of the Municipal Government Act, and such sections shall not apply to the Town; namely, sections 12 to 25, 155, 160( 1)( f)( ii), 195, 216( 1) as it pertains to zoos and 219.
4.5 Title to all land in the Park, including mines and minerals, shall remain in Her Majesty the Queen in Right of Canada.
4.6 With the approval of the Federal Minister, the Town may
- (a) acquire a leasehold interest, or other interest or right
lesser than a leasehold interest, to or in respect of land in the
Park; and
- (b) dispose of any interest in or right relating to land in the Park that it has previously acquired,
except that all rights to, interests in and rights of dominion and control over any lake, river, stream or other naturally occurring body of water or the bed or shore thereof, shall remain with Canada unless expressly otherwise agreed by Canada pursuant to Article 4.12( h) or otherwise.
4.8 A reference to the "Minister of Transportation and Utilities" in sections 172 to 183 of the Municipal Government Act shall mean, for purposes of the Town, the Federal Minister or his delegate.
4.12 With the approval of the Federal Minister, the Town may pass by-laws or resolutions for the purpose of, relating to or affecting:
- (d) the ownership, operation or regulation of cemeteries;
- (e)any river, stream or other naturally occurring body of water, or the bed or shore thereof; and
4.13 Any by-law passed by the Town that is subject to the approval of the Federal Minister may not be repealed or amended without further approval of the Federal Minister.
4.14 Canada and the Town may enter into agreements in respect of any matter pertaining to the Town, provided any such agreement dated prior to January 1, 1992 shall be subject to the approval of the Provincial Minister. In exercising its authority under this Article, Alberta agrees to adopt as its primary interest and consideration, the financial effect of the agreement on the Town.
ARTICLE 5 - PLANNING FUNCTIONS OF TOWN
5.1 (1) In this Article:
- (a) "development" includes the cutting or removal of trees in
whole or in part;
- (b) "instrument" includes a lease, sub-lease or license of
occupation;
- (c)"land" includes land held under a lease, sublease or licence of
occupation from the Crown;
- (d) "owner" includes a person who is the lessee of Crown land and
his successors and assigns;
- (e) "parcel" includes the aggregate of the one or more areas of
land described in a lease from the Crown;
- (f)"Planning Act" means those sections of the Planning
Act, R. S. A. 1980, c. P-9 that apply to the Town pursuant to
this Agreement;
- (g)"registered owner" includes the lessee of Crown land and his
successors and assigns;
- (h)"subdivision approving authority" means the municipal planning
commission of the Town;
- (i)"subdivision" means
- (i)the division of a parcel by an instrument;
- (ii)the consolidation of, or boundary change to, two or
more adjoining parcels; or
- (iii)the construction of a building over the boundary of two or more adjoining parcels,
- and "subdivide" has a corresponding meaning.
(2) Any reference to the "Minister" contained in the sections of the Planning Act that apply to the Town shall mean the Federal Minister or his delegate.
(3) The definitions in this Article shall either be in addition to or as a substitute for the definitions contained in the Planning Act, as the context requires.
5.2 (1)Subject to Article 5.2 (2), except to the extent that they are inconsistent with this Agreement, the following sections of the Planning Act in force as at January 1, 1989 shall form part of this Agreement and shall apply to the Town, namely, sections 1, 4, 6, 7, 28 to 31, 33 to 43, 45, 61 to 69, 71, 72, 74, 75 to 77.1, 78( 1) and (2), 79 to 85, 86( 1) and (4), 90, 91( 1) and (2), 92 to 96, 98 to 100, 102 to 104, 105( 1) to (5), 111 to 119, 123 to 143, 149 and 152 to 155.
(2) The land use by-law of the Town may provide for those circumstances in which more than one dwelling unit per lot is authorized in addition to those set out in s. 78( 2) of the Planning Act.
5.3 The Federal Minister may declare that any amendments made to the Planning Act by the Legislative Assembly of Alberta after January 1, 1989 shall apply in whole or in part to the Town.
5.4 The Town shall adopt a general municipal plan and a land use by-law for the Town.
5.5 A statutory plan or land use by-law, or any repeal thereof or amendment thereto, adopted or passed by the Town shall go into effect only upon being approved by the Federal Minister.
5.6 The Town shall establish a municipal planning commission to consist of at least three persons, one of whom shall be nominated by the Federal Minister.
5.7 The Town shall establish a development appeal board consisting of five persons, one of whom shall be nominated by the Federal Minister.
5.8 No person shall subdivide a parcel within the townsite without the approval of the subdivision approving authority.
5.9 An applicant for subdivision approval shall submit his application to the subdivision approving authority in such form and accompanied by such materials as may be prescribed in the land use by-law.
5.10 In addition to any other matter provided for in the Planning Act, the land use by-law may contain provisions
- (a) prohibiting or controlling and regulating the subdivision of
land;
- (b) governing the procedure to be followed by applicants for
subdivision approval and the persons who may apply;
- (c) governing the contents and filing of plans and other documents
in the course of an application for subdivision approval;
- (d) governing the location, size and shape of lots and other areas
of land to be created or proposed to be subdivided;
- (e) governing the location of public utilities and public roadways
in a proposed subdivision and the minimum width and the maximum
gradient of public roadways;
- (f) prescribing the information that shall be contained in a
notice under section 93( 4) of the Planning Act;
- (g) prescribing that the subdivision approving authority may
require a dedication of municipal reserve, school reserve or
municipal and school reserve, or payment of money in lieu, in
addition to the 10% prescribed in the Planning Act in the
case of a proposed subdivision that would result in a density of 12
or more dwelling units per acre of developable land;
- (h) prescribing the conditions that a subdivision approving
authority is permitted to impose when granting subdivision approval
in addition to those conditions permitted to be imposed under the Planning
Act;
- (i) prescribing the fees to be paid by a person applying for
subdivision approval or appealing the decision of the subdivision
approving authority to the development appeal board; and
- (j) concerning any other matters that to the Town appear necessary to regulate and control subdivisions.
5.11 (1) An appeal from a decision of the subdivision approving authority, or any condition imposed by it, may be commenced by:
- (a) the applicant for subdivision approval;
- (b) the council of the Town;
- (c) a school authority; or
- (d) any other affected person
by filing a written notice of appeal with the development appeal board,
- (i) in the case of an appeal by the applicant or the council,
within thirty (30) days, and,
- (ii) in the case of an appeal by a school authority or other affected person, within fourteen (14) days, of the issuance of the decision.
(2) In the case of an appeal by other than the applicant or the council, the decision of the subdivision approving authority shall be deemed to have been issued on the date of publication of notice of the approval of the subdivision application pursuant to s. 93( 4) of the Planning Act.
5.12 (1) Subject to Article 5.12( 2), the subdivision approving authority shall render a decision on an application for subdivision approval within thirty (30) days of the date of receipt by it of the completed application.
(2) If the subdivision approving authority fails or refuses to make a decision on an application for subdivision approval within the time prescribed in Article 5.12( 1) the applicant may, within fourteen (14) days after the expiration of the time prescribed,
- (a) treat the application as refused and appeal to the development
appeal board; or
- (b) enter into an agreement with the subdivision approving authority to extend the time prescribed in Article 5.12( 1).
(3) If an agreement is entered into pursuant to Article 5.12( 2)( b) and the subdivision approving authority fails or refuses to make a decision within the time set out in the agreement, the applicant may, within fourteen (14) days after the expiration of the extended period, treat the application as refused and appeal to the development appeal board.
(4) A subdivision approving authority shall not deal with an application for subdivision approval after the expiration of the period prescribed in Article 5.12( 1), or the time set out in an agreement made under Article 5.12( 2)( b), as the case may be.
5.13 In processing and deciding a subdivision appeal, the development appeal board shall follow the procedures prescribed in ss. 84( 2), (3), and (4) and in ss. 85( 1) and (2) of the Planning Act and, subject to Article 5.19 of this Agreement, may exercise only those powers conferred on a subdivision approving authority by this Agreement and the Planning Act.
5.14 A subdivision approved by the subdivision approving authority or by the development appeal board shall not be implemented until the Federal Minister has approved any new or amended lease required to effect the subdivision and any fees relating thereto have been paid to Canada.
5.15 Every statutory plan adopted and land use by-law passed under this Agreement and the Planning Act, and every action taken or decision made pursuant to such plan or by-law by the council, the municipal planning commission, the development officer, the development appeal board or any other authority shall conform with the Banff National Park Management Plan approved by the Federal Minister.
5.16 Subject to Articles 5.17, 5.18 and 5.19, every action taken or decision made by the council, the municipal planning commission, the development officer and the development appeal board shall conform with any statutory plan adopted and land use by-law passed under this Agreement and the Planning Act, and with the provisions of this Agreement and the Planning Act.
5.17 (1) Subject to Article 5.17( 2) every development or subdivision undertaken by the Town shall be in accordance with this Agreement and the Planning Act.
(2) The Planning Act does not apply to a development or subdivision undertaken by the Town and effected solely for the purpose of a public roadway or utility installation.
5.18 At the request of the Town, the Federal Minister may exempt, in whole or in part, any development or subdivision from the operation of this Agreement and the Planning Act.
5.19 (1) Subject to Article 5.19( 2), the development appeal board may make an order or a decision or issue or confirm the issuance of a development permit or approve an application for subdivision approval notwithstanding that the proposed development or subdivision does not comply with the land use by-law if, in its opinion,
- (a) the deviation from the by-law is minor in nature;
- (b) strict application of the by-law would cause unnecessary
hardship to the applicant arising out of circumstances peculiar to
his land; and
- (c) the deviation from the by-law would not unduly interfere with the amenities of the neighbourhood or materially interfere with or affect the use, enjoyment or value of neighbouring properties.
(2) The development appeal board shall not approve a proposed development or subdivision that does not conform with the use prescribed for the subject land in the land use by-law.
5.20 The Federal Minister may exercise any of the powers of enforcement conferred on the Town under this Agreement, the Planning Act and the Municipal Government Act in respect of the subject matters dealt with in this Article 5.
5.21 The Town may enter into a contract or other arrangement with any local authority, regional planning commission or any other agency for the purpose of assisting it in discharging its powers and duties under this Agreement and the Planning Act.
5.22 The Federal Minister shall have standing
- (a) to appear at any public hearing; and
- (b) to commence any legal proceedings
in connection with any decision made or action taken for purposes of or pursuant to Article 5 of this Agreement and the Planning Act.
ARTICLE 6 - CONTINUING JURISDICTION OF CANADA
6.1 Every by-law or resolution of the Town and every action taken or decision made by the Town shall be consistent with this Agreement and with any statutes of Canada and Alberta, or regulation or order made thereunder, that is in force in the Town.
6.2 (1) Notwithstanding anything contained in this Agreement, the Planning Act or any other law of Alberta that applies to the Town, the Environmental Assessment and Review Process Guidelines Order shall apply to any development, subdivision or other proposal within the townsite, and the Department of the Environment (Canada) shall be deemed to be the initiating department for purposes of that Order.
(2) Where, as a result of its assessment of a proposal under the Order, the Department of the Environment (Canada) requires that a mitigative measure be taken to minimize the potential adverse environmental effect of a proposed development or subdivision in the townsite, such measure shall be deemed to be a condition of the development permit or the subdivision approval, as the case may be, granted in respect of the proposal.
6.3 (1) If the Federal Minister is of the opinion that any by-law, resolution or other action of the Town is inconsistent with the purposes and objectives of the townsite or is inadequate to protect the Park environment, Canada may
- (a) withdraw or alter any or all of the functions entrusted to the
Town under Article 5, whereupon Canada may exercise jurisdiction over
planning, development and subdivision in the townsite, in whole or in
part, in any manner it deems fit;
- (b) declare such by-law or resolution to be inoperative in whole
or in part; and
- (c) make regulations or do such other things it considers appropriate and such regulations or other actions shall operate notwithstanding the by-laws or resolutions of the Town.
ARTICLE 7 - TRANSITIONAL
7.6 A by-law passed by the Town shall not come into force until:
- (a) the date provided for in the by-law for its coming into force;
or
- (b) in the case of a by-law concerning a matter that is governed by a regulation made under the National Parks Act, on the date that the regulation no longer applies to the townsite.
7.9 Nothing in this Agreement affects the operation of any regulation made under the National Parks Act until such regulation has been repealed or amended to the extent that it no longer applies to the townsite.
ARTICLE 11 - LEASES
11.3 Canada and the Town may enter into an agreement in respect of the administration of leases of land in the townsite.
ARTICLE 13 - MISCELLANEOUS
13.4 This Agreement constitutes the entire agreement between the parties with respect to the subject matter of the Agreement and supersedes all previous negotiations, communications and other agreements, whether written or oral, relating to it unless they are incorporated by reference in this Agreement. There are no terms, obligations, covenants, representations, statements or conditions other than those contained herein.
13.6 No amendment or waiver of this Agreement, or of any of its terms and provisions, shall be deemed valid unless effected by a written amendment to this Agreement executed by both parties to this Agreement.
13.16 This Agreement shall become effective on the date the Governor General in Council issues an Order authorizing the Federal Minister to enter into the Agreement.
SCHEDULE 1 - Municipal Government Act
Excerpts from
Chapter M-26, R. S. A. 1980
Consolidated
to 01.01.89.
PART 1 - INTERPRETATION
Definitions
- In this Act,
- (i) "land" means land, tenements, hereditaments or any estate or
interest in them and, without restricting the generality of the
foregoing, includes growing timber but does not include minerals;
- (j) "Land Compensation Board" means the Land Compensation Board
established under the Expropriation Act;
- (k) "mayor" includes the reeve of a municipal district;
- (l) "Minister" means the Minister of Municipal Affairs;
- (o) "municipal official" means
- (i) a municipal commissioner, manager, secretary, treasurer,
assessor, solicitor, comptroller, engineer and any other official
appointed by resolution or by by-law of the council, and
- (ii) the holder of any other position or office designated as
such by the council;
- (p) "municipal secretary" means, in the case of a city, the city
clerk, and in any other municipality the person appointed as
secretary by the council;
- (q) "municipality" means a city, town, village, summer village
or municipal district;
- (s) "parcel" means
- (i) any unsubdivided block or any lot, or any part of such a
block or lot, in any area of land of which a plan of subdivision
is registered in a land titles office,
- (ii) in any case where a building affixed to the land that
would without special mention be transferred by a transfer of land
has been erected on 2 or more lots or parts thereof, all those
lots.
- (iii) if there is no such plan of subdivision, a 1/ 4 section
of land according to the system of surveys under the Surveys
Act or any other area the description of which has been
approved by the proper land titles office, or
- (iv) all the land forming part of any railway, irrigation or
drainage right of way;
- (t) "prescribed" means prescribed by the Minister;
- (w) "purchaser" means any person who has purchased or otherwise
acquired land or other property within the municipality, whether he
has purchased or otherwise acquired it direct from the owner of it
or from another person, and has not become the owner of it;
- (i) "land" means land, tenements, hereditaments or any estate or
interest in them and, without restricting the generality of the
foregoing, includes growing timber but does not include minerals;
PART 3 - THE COUNCIL
Municipal council
26. (1) Every municipality shall have a council, the members of which shall be elected in accordance with the Local Authorities Election Act.
Signature on documents
46. Unless the council otherwise directs, every order, agreement or document made or executed on behalf of a municipality shall be signed by the mayor and the municipal secretary or their designated alternates.
Executive committee
47. (1) A council may by by-law provide
- (a)for the appointment, by the council or by the mayor, of an
executive committee which may be comprised of
- (i)members of the council, or
- (ii)members of the council and officials of the municipality,
and
- (b)for the delegation to the executive committee of the power to make decisions or orders, enter into contracts, execute agreements or documents and to affix the municipal seal thereto.
(2) All decisions, orders, contracts, agreements and documents made or executed by the executive committee are as valid and enforceable as if made directly by the council that delegates the powers.
(3) Every order, contract, agreement or document made or executed under this section shall be signed by the municipal secretary.
PART 4 - OFFICERS AND EMPLOYEES
Municipal Secretary
57. (1) Every council shall, at its first meeting after the formation of the municipality or as soon thereafter as may be practicable, by by-law appoint a municipal secretary and prescribe his duties.
Duties of municipal secretary
58. Notwithstanding any other duties the municipal secretary shall
-
(d) transcribe into a suitable register and have custody of all
by-laws and, having seen to their proper completion, preserve and
keep safe the originals thereof;
-
(e) take charge of and keep on record all other books, papers,
accounts, plans, maps, correspondence and any other documents
committed to his charge by the council and deliver them to his
successor or some other person the council may designate on his
ceasing to hold office;
- (j) have custody of the corporate seal of the municipality.
Other officials
82. A council may provide for the appointment of any other officials it considers necessary for carrying into effect this Act or any other Act affecting municipalities or any municipal by-law and prescribe their duties.
Municipal Commissioners or Manager
Delegation of powers by
council
91. (1) A council may, by by-law provide for the delegation of any or all of its executive and administrative duties and powers to one or more municipal commissioners or to a municipal manager.
(2) The municipal commissioners or the municipal manager, as the case may be, shall exercise the powers and duties set out in this Act and any other powers and duties vested, confirmed or delegated by by-law or by resolution of the council.
Mayor, by virtue of his office, commissioner
93. The mayor is, by virtue of his office, a commissioner in addition to those appointed by the council.
Reference in Acts to commissioner or manager
97. Unless the context otherwise requires, wherever in this Act or any other Act there is a reference to municipal commissioners or to their powers, the reference shall be deemed to be a reference to the municipal manager, or to the municipal commissioners, as the case may be, if any, and if there is no by-law providing for either municipal commissioners or a municipal manager, the reference shall be deemed to be a reference to the mayor.
PART 5 - POWERS AND DUTIES
General
Municipal council to act by resolution or by-law
99. (1)The powers and duties imposed or conferred on a municipality by
this or any other Act are vested in and are exercisable by the council
of the municipality.
(2) Except as provided in this or any other Act, a council may
exercise and perform the powers and duties imposed or conferred on it
either by resolution or by by-law.
(3) A council may exercise or perform by by-law any power or duty
that is stated in this or any other Act to be exercisable by
resolution.
Jurisdiction of council
101. The jurisdiction of a council is confined to the territorial limits of the municipality and to any property owned, controlled or managed by the municipality outside its limits, except where further jurisdiction beyond the limits is expressly given to a council by this or any other Act.
Property in settlement of debts
118. A municipality may acquire, hold and dispose of real or personal property offered or transferred to it in partial or complete settlement or payment of, or as security for, any lien or charge or any right to a lien or charge on any taxes, licence fee or other indebtedness owing to the municipality.
General Government
Acquisition of land
126. (1) A council may acquire land or any interest therein either inside or outside the municipality for any municipal purpose.
(7) Subject to the provisions of this Act respecting the acquisition of land outside a municipality, a council may authorize the acquisition by purchase or expropriation of
- (a) land inside or outside the municipality for the purpose of subdivision and building sites,
- (b) subdivided land inside or outside the municipality for resale as building sites,
- (c) land previously used as military establishments by purchase or lease from the Government of Canada or the Government of Alberta, and
- (d) land for the purpose of exchanging with other land required for any municipal purpose.
(11) Land acquired pursuant to this section may be sold, leased or otherwise disposed of in whole or in part and in any manner and at any times and under any terms and conditions that the council by resolution from time to time may prescribe.
Disposal of land
127. (1) When a council acquires or is empowered to acquire any land or any estate or interest therein by purchase, expropriation, gift or other manner other than pursuant to the Tax Recovery Act, the council may hold, convey or dispose of the land or estate or interest in the land in any manner that the council considers advisable or expedient.
Expropriation of land
132. (1) If a council desires to acquire land, either inside or outside the municipality for any purpose authorized by this Act, or required for municipal public use or in connection with a plan of development whether undertaken solely by the municipality or in conjunction with any person or for the purpose of preventing the working of any mine within, on or under any portion of the land inside the municipality or for the purpose of improving any land owned by the municipality, the municipality shall first negotiate with the owners and occupiers of that land or other persons interested therein for the acquisition of the land by agreement and if it cannot acquire the land at an acceptable price by agreement, the municipality may acquire the land by expropriation pursuant to the Expropriation Act.
Land for highways
135. If the land to be taken is required for the opening, extending or widening of a highway, the municipality shall also deposit copies of the plan of survey in the office of the Registrar of Land Titles and the Registrar shall receive and preserve the plan in like manner as railway plans are received and preserved under the Railway Act.
Vesting of title to highways
136 (1) When through agreement with the owner, a municipality acquires land for the purpose of a highway, road, street, lane, bridge, culvert, ditch or drain, title to the land may be vested in the city, or in the case of any other municipality, the Crown in right of Alberta, by filing in the proper land titles office
- (a) plans of survey in accordance with section 135, and
- (b) an affidavit of the municipal secretary etting forth a description of the land, and stating that
- (i) an agreement has been reached with the registered owners as to the land to be acquired and the price to be paid, and
- (ii) all persons registered on the certificates of title affected by the plans of survey as having an interest within 40 metres of the new boundary of the right of way as shown on the plans of survey have been notified by registered mail,
and it is not necessary to register a transfer to that land.
(2) A municipality is not entitled to mines and minerals in any land vested in it pursuant to this section and the title to any mines or minerals is not affected by the filing of any plan of survey pursuant to this section.
(3) In subsection (1), "registered owners" means
- (i) the owners of the fee simple estate in land,
- (ii) in the case of land that is being acquired under an agreement for sale, the owners of the fee simple estate in the land and the purchasers under the agreement for sale who have registered their interest against the certificate of title for the land, or
- (iii) in the case of land that is subject to a lease for which a certificate of title has been issued, the owners of the fee simple estate in the land and the lessees under that lease.
Protection to Persons and Property
Protection of life or
property
153. A council may by by-law make provision for the regulation of any matter or thing for the protection of life or property.
Public Works
Title to highways
172. (1) The title to all public highways, roads, streets, lanes, alleys and bridges in a municipality, other than a city, is vested in the Crown in right of Alberta.
(2) The title to all public highways, roads, streets, lanes, alleys and bridges in a city is, except as far as is excluded by a special Act or an agreement, vested in the city.
(3) Subject to every other Act, a council has the control and management of the public highways, roads, streets, lanes, alleys, bridges, rivers, streams, watercourses, lakes, and other bodies of water within the municipality, including the air space above and the ground below.
(4) Nothing in this section gives a municipality title to or control and management of mines and minerals.
Overhang or excavation on highways
176. (1) A council may grant to any person owning land adjacent to a highway or public place, the privilege of erecting a structure overhanging the highway or public place or any part thereof, or of excavating under the highway or public place for a cellar, area-way or other purpose under the terms and conditions and subject to the payment of the annual rental that the council fixes.
(2) A council may grant a permit under any conditions and for any terms it may specify, to the owner of a building or structure that encroaches on a road, street, lane or other public place permitting the building or structure to remain thereon.
Closing of streets, etc.
180. (1) A council of a city may pass by-laws for the purpose of closing the whole or any portion of any street, road, lane or public highway, and the council of any other municipality may do so with the approval of the Minister of Transportation and Utilities.
Lease of air space
181. (1) A council of a city may
- (a) lease air space over the whole or any portion of a public highway, road, street, lane or alley within the city;
- (b) with the consent of the Minister of Transportation and Utilities, grant to the person to whom it has leased air space, a lease of the portion of a public highway, road, street, lane or alley required for supporting columns for a building or other structure which may be erected or located in that air space together with an easement with respect to the public highway, road, street, lane or alley as may be necessary to excavate for, erect, maintain and repair the supporting columns.
(2) On application by a city and on payment of the proper fees, the Registrar of a land titles office shall issue to the city a certificate of title to that portion of the public highway, road, street, lane or alley required for supporting columns of a building or other structure to be located over any portion of a public highway, road, street, lane or alley.
Lease or sale of closed road
183. (1) A city may lease or sell the whole or a portion of any street, road, lane or public highway that has been closed.
PART 6 - PUBLIC UTILITIES
Expropriation of land for public utility
295. (1) A municipality, its engineers, servants and workmen, from time to time and at the times the council considers fit, may enter into and on, take or use by expropriation under the Expropriation Act, any land located inside or outside of the municipality, and may survey, set out and ascertain those parts of the land that are required for the purposes of any public utility that the municipality is empowered to construct or operate, and may contract with the owners or occupants of the land and any person having a right or interest in it for the purchase or renting of it, or of any part of it, or of any privilege that may be required for the purpose of the public utility, at the option of the municipality.
PART 8 - LEGAL PROCEEDINGS
Adverse possession of land
437. No person shall, by reason of the adverse or unauthorized possession, occupation, enjoyment or use of any land owned by the municipality or of any highway within the municipality and shown on any plan of subdivision or dedicated for use as a highway, whether adopted by the municipality as a highway or not, obtain any estate or interest therein or in any such land by reason of the adverse possession, occupation, enjoyment or use thereof, and it shall be deemed that no such right has heretofore been so acquired.
SCHEDULE 2 - Planning Act
Excerpts from
Chapter P-9, R. S. A. 1980
Consolidated to 01.01.89.
Definitions
In this Act,
- (a) "area redevelopment plan" means a plan adopted by a council as
an area redevelopment plan pursuant to this Act;
- (a. 1) "Board" means the Alberta Planning Board established
pursuant to this Act;
- (b) "building" includes any thing constructed or placed on, in,
over or under land but does not include a highway or public roadway
or a bridge forming part of a highway or public roadway;
- (b. 1) "council" means
- (i) the council of a municipality, or
- (ii) the board of administrators of a new town;
- (c) "development" means
- (i) an excavation or stockpile and the creation of either of
them,
- (ii) a building or an addition to or replacement or repair of a
building and the construction or placing in, on over or under land
of any of them,
- (iii) a change of use of land or a building or an act done in
relation to land or a building that results in or is likely to
result in a change in the use of the land or building, or
- (iv) a change in the intensity of use of land or a building or an act done in relation to land or a building that results in or is likely to result in a change in the intensity of use of the land or building;
- (c. 1) "development appeal board" means a development appeal board
appointed pursuant to section 33 or a council if it is the
development appeal board by virtue of section 33( 2);
- (d) "development officer" means
- (i) a person appointed as a development officer pursuant to a
land use by-law or the land use regulations,
- (ii) if a municipal planning commission or a joint municipal
planning commission is authorized to act as a development officer,
the municipal planning commission or the joint municipal planning
commission, as the case may be, or
- (iii) if a municipal planning commission or joint municipal planning commission is authorized to act as a development officer in addition to a person appointed as a development officer, either or both of them;
- (d. 1) "development permit" means a document authorizing a
development issued pursuant to a land use by-law or the land use
regulations;
- (e) "environmental reserve" means the land specified to be
environmental reserve by a subdivision approving authority pursuant
to section 98 or by the Board pursuant to section 110.1;
- (f) "general municipal plan" means a plan adopted by a council as
a general municipal plan pursuant to this Act;
- (f. 1) "highway" means
- (i) a highway or proposed highway that is designated as a primary
highway, or
- (ii) a road, street or highway designated as a secondary road and numbered between 900 and 999,
- pursuant to the Public Highways Development Act;
- (g) "instrument" means a plan of subdivision and every other thing
defined as an instrument under the Land Titles Act;
- (h) "land use by-law" means a by-law of a council passed as a land
use by-law in accordance with this Act and includes a by-law under
section 23 of the Historical Resources Act;
- (h. 1) "land use regulations" means regulations made by the
Lieutenant Governor in Council pursuant to section 144;
- (k) "municipal corporation" means
- (i) the corporation of a city, town, new town, village, summer
village, municipal district or county, or
- (ii) in the case of an improvement district or special area, the Minister;
- (i) the corporation of a city, town, new town, village, summer
village, municipal district or county, or
- (k. 1) "municipal planning commission" means a municipal planning
commission established by a council pursuant to this Act;
- (l) "municipal reserve" means the land specified to be municipal
reserve by a subdivision approving authority pursuant to section 99
or 101 or by the Board pursuant to section 110.1;
- (l. 1) "municipal and school reserve" means the land specified to
be municipal and school reserve by a subdivision approving authority
pursuant to section 99 or 101 or by the Board pursuant to section
110.1;
- (m) "municipality" means the area of a city, town, new town,
village, summer village, county, municipal district, improvement
district or special area;
- (m. 1) "non-conforming building" means a building
- (i) that is lawfully constructed or lawfully under construction
at the date a land use by-law or any amendment thereof affecting the
building or land on which the building is situated becomes
effective, and
- (ii) that on the date the land use by-law or any amendment thereof becomes effective does not, or when constructed will not, comply with the land use by-law;
- (n) "non-conforming use" means a lawful specific use
- (i) being made of land or a building or intended to be made of a
building lawfully under construction, at the date a land use by-law
or any amendment thereof affecting the land or building becomes
effective, and
- (ii) that on the date the land use by-law or any amendment thereof becomes effective does not, or in the case of a building under construction will not, comply with the land use by-law;
- (i) being made of land or a building or intended to be made of a
building lawfully under construction, at the date a land use by-law
or any amendment thereof affecting the land or building becomes
effective, and
- (n. 1) "owner" means the person shown as the owner of land on the
assessment roll of a council prepared under the Municipal
Taxation Act;
- (p) "plan of subdivision" means a plan of survey prepared in
accordance with the Land Titles Act for the purpose of
effecting a subdivision;
- (p. 1) "public roadway" means
- (i)in a city, town, new town, village or summer village, the right of way of all or any of the following:
- (A) a local road,
- (B) a service road,
- (C) a street,
- (D) an avenue, or
- (E) a lane,
- that is publicly used or intended for public use,
- and includes a public right of way on which no motor vehicle, as
defined in the Motor Vehicle Administration Act, is
permitted to operate;
- (q.1 ) "redevelopment area" means an area of land that is the
subject of an area redevelopment plan;
- (s) "registered owner" means
- (i) in the case of land owned by the Crown in right of Alberta
or the Crown in right of Canada, the Minister of the Crown having
the administration of the land, or
- (ii) in the case of any other land,
- (A) the purchaser of the fee simple estate in the land under an
agreement for sale that is the subject of a caveat registered
against the certificate of title in the land and any assignee of
the purchaser's interest that is the subject of a caveat
registered against the certificate of title, or
- (B) in the absence of a person described in paragraph (A), the person registered under the Land Titles Act as the owner of the fee simple estate in the land;
- (i) in the case of land owned by the Crown in right of Alberta
or the Crown in right of Canada, the Minister of the Crown having
the administration of the land, or
- (s. 1) "Registrar" has the same meaning as it has in the Land
Titles Act;
- (t) "reserve land" means environmental reserve, municipal reserve
or school reserve or municipal and school reserve;
- (u) "school reserve" means the land specified to be school reserve
by a subdivision approving authority pursuant to section 99 or 101 or
by the Board pursuant to section 110.1;
- (u. 1) "statutory plan" means a general municipal plan, an area
structure plan referred to in section 64 and an area redevelopment
plan or any one or more of them;
- (w) "subdivision approval" means the approval of a subdivision by
a subdivision approving authority;
- (y) "subdivision regulations" means regulations made by the
Lieutenant Governor in Council pursuant to section 145;
- (z) "utilities" means any one or more of the following:
- (i) systems for the distribution of gas, whether artificial or
natural;
- (i. 1) systems for the distribution of electrical power;
- (ii) facilities for the storage, transmission, treatment,
distribution or supply of water;
- (iii) facilities for the collection, treatment, movement or
disposal of sanitary sewage;
- (iv) storm sewer drainage facilities;
- (v) any other things prescribed by the Lieutenant Governor in Council by regulation,
- but does not include those systems or facilities referred to in subclauses (i) to (iv) that are exempted by the Lieutenant Governor in Council by regulation.
PART 2
ESTABLISHMENT AND FUNCTIONS OF PROVINCIAL, REGIONAL AND
MUNICIPAL PLANNING AUTHORITIES
DIVISION 3
MUNICIPAL PLANNING
COMMISSIONS
Municipal planning commissions
28. (1) A council may by by-law establish a municipal planning commission.
DIVISION 4
DEVELOPMENT APPEAL BOARDS
Development appeal boards
33. (1) A council of a municipality having a population of 1000 of more shall by by-law establish a development appeal board.
PART 3
REGIONAL PLANS AND STATUTORY PLANS
Contents of plans
45. Any plan referred to in this Part may include
- (a) maps, diagrams and other graphic aids, and
- (b)any written statements, policies, proposals and forecasts that are considered necessary and appropriate for the plan in which they appear.
DIVISION 2
STATUTORY PLANS
General Municipal Plans
Preparation of general municipal plans
61. (1) Subject to subsection (3), a council of
- (a) a city, town, new town, village or summer village having a population of 1000 or more, and
shall, by by-law passed in accordance with Part 6, adopt a plan for the municipality to be known as the "( name of municipality) General Municipal Plan".
(2) A council to which subsection (1) does not apply may, by by-law passed in accordance with Part 6, adopt a plan for the municipality to be known as the "( name of municipality) General Municipal Plan".
(3) The councils of 2 or more municipalities may, by each passing a by-law in accordance with Part 6, adopt a joint general municipal plan to include those areas of land lying within the boundaries of the municipalities that the councils consider necessary and on its adoption the joint general municipal plan shall be considered to be a general municipal plan for all purposes.
Contents of general municipal plan
63. A general municipal plan shall
- (a) describe
- (i) the land uses proposed for the municipality, and
- (ii) the manner of and the proposals for future development in the municipality;
- (b) designate or describe the areas of the municipality that
would, in the opinion of the council, be suitable for an area
structure plan or an area redevelopment plan or both;
- (c) contain any other matters that the council considers necessary.
Area structure plans
64. (1) For the purpose of providing a framework for subsequent subdivision and development of an area of land in a municipality, a council may, by by-law passed in accordance with Part 6, adopt a plan to be known as the "( name) Area Structure Plan".
(2) An area structure plan shall
- (a) conform to any general municipal plan in existence and
affecting the area that is the subject of the area structure plan;
- (b) describe
- (i) the sequence of development proposed for the area,
- (ii) the land uses proposed for the area, either generally or
with respect to specific parts of the area,
- (iii) the density of population proposed for the area either
generally or with respect to specific parts of the area, and
- (iv) the general location of major transportation routes and public utilities;
- (i) the sequence of development proposed for the area,
- (c) contain any other matters the council considers necessary.
Area Redevelopment Plans
65. A council may, by by-law passed in accordance with Part 6,
- (a) designate an area of the municipality as a redevelopment area for the purpose of all or any of the following:
- (i) preserving or improving land and buildings in the area;
- (ii) rehabilitating buildings in the area;
- (iii) removing buildings from the area;
- (iv) constructing or replacing buildings in the area;
- (v) establishing, improving or relocating public roadways, public
utilities or other services in the area;
- (vi) any other development in the area,
- and
- (b) adopt a plan for that area to be known as the "( name) Area Redevelopment Plan".
Contents of area redevelopment plan
67. An area redevelopment plan shall
- (a) conform with any land use by-law and any other statutory plan
affecting the area that is the subject of the plan;
- (b) describe
- (i) the objectives of the plan and how they are proposed to be
achieved,
- (ii) the proposed land uses for the redevelopment area,
- (iii) the proposed public roadways, public utilities and other
services,
- (iv) the location of reserve land, and
- (v) the recreational and school facilities likely to be required;
- (i) the objectives of the plan and how they are proposed to be
achieved,
- (c) if a redevelopment levy is to be imposed
- (i) state the one or more purposes for which it is imposed, and
- (ii) specify the proportion of the levy collected that will be paid to a school authority, if any;
- (i) state the one or more purposes for which it is imposed, and
- (d) describe proposals for the acquisition of land for any public
municipal use, school facilities, parks and recreation facilities or
any other purposes the council considers necessary;
- (e) contain any other proposals the council considers necessary.
PART 4
IMPLEMENTATION OF PLANS
DIVISION 1
LAND USE
BY-LAW
Mandatory land use by-law
68. (1) A council of a municipality with a population of 1000 or more shall pass a by-law in accordance with Part 6, to be known as the "( name of municipality) Land Use By-law".
Land use by-law
69. (1) A land use by-law may prohibit or regulate and control the use and development of land and buildings within a municipality.
(2) A land use by-law shall
- (a) divide the municipality into districts of the number and area
the council considers appropriate;
- (b) unless the district is designated as a direct control district pursuant to section 70, prescribe with respect to each district, in accordance with section 71 and with or without conditions,
- (i) the permitted uses of land or buildings, or
- (ii) the discretionary uses of land or buildings,
- or both;
(3) Without restricting the generality of subsection (1), a land use by-law may provide for any or all of the following matters, either generally or with respect to any district or part of a district established pursuant to subsection (2)( a):
- (a) subject to the subdivision regulations, the minimum and
maximum area of lots;
- (b) the ground area, floor area, height, size and location of
buildings;
- (c) the amount of land to be provided around or between buildings;
- (e) the location, height and maintenance of fences and walls;
- (h) the location and amount of access to lots from public roadways
and ensuring that there is at least one means of access from each lot
to a public roadway;
- (q) the establishment of any agreements, forms, fees and
procedural matters the council considers necessary;
- (r) the issue of orders requiring an application for subdivision
approval pursuant to section 79;
- (s) the issue of orders pursuant to section 81.
(4) A land use by-law may provide that when an application for a development permit is refused another application for a permit for a development
- (a) on the same lot, and
- (b) for the same or a similar use, may not be made by the same or any other applicant until the time stated in the land use by-law has expired.
(5) A land use by-law may authorize a development officer to decide on an application for a development permit notwithstanding that the proposed development does not comply with the land use by-law if, in the opinion of the development officer,
- (a) the proposed development would not
- (i) unduly interfere with the amenities of the neighbourhood, or
- (ii) materially interfere with or affect the use, enjoyment or
value of neighbouring properties,
and - (b) the proposed development conforms with the use prescribed for that land or building in the land use by-law.
Non-Conforming Uses and Non-Conforming Buildings
74. (1) When
- (a) on or before the day on which a land use by-law or any by-law
for the amendment of it comes into force in a municipality, a
development permit has been issued, and
- (b) the enactment of the by-law would render the development in respect of which the permit was issued a non-conforming use or non-conforming building, the development permit continues in effect notwithstanding the enactment of the by-law referred to in clause (b).
(2) A non-conforming use of land or a non-conforming use of a building may be continued but if that use is discontinued for a period of 6 consecutive months or more, any future use of the land or building shall conform with the provisions of the land use by-law then in effect.
(3) A non-conforming use of part of a building may be extended throughout the building but the building, whether or not it is a non-conforming building, shall not be enlarged or added to and no structural alterations shall be made to it or in it.
(4) A non-conforming use of part of a lot shall not be extended or transferred in whole or in part to any other part of the lot and no additional buildings shall be erected on the lot while the non-conforming use continues.
(5) A non-conforming building may continue to be used but the building shall not be enlarged, added to, rebuilt or structurally altered except
- (a) as may be necessary to make it a conforming building, or
- (b) as the development officer considers necessary for the routine maintenance of the building.
(6) If a non-conforming building is damaged or destroyed to the extent of more than 75% of the value of the building above its foundation, the building shall not be repaired or rebuilt except in accordance with the land use by-law.
(7) The use of land or the use of a building is not affected by reason only of a change of ownership, tenancy or occupancy of the land or building.
DIVISION 2
REDEVELOPMENT AND OFF-SITE LEVIES
AND DEVELOPMENT
CONDITIONS
Redevelopment levies
75. (1) If a person applies for a development permit in respect of development in a redevelopment area and the area redevelopment plan contains proposals for residential, commercial or industrial development, a redevelopment levy may be imposed on the applicant in accordance with the by-law adopting the area redevelopment plan.
(2) A redevelopment levy imposed and collected shall be used to provide, in respect of the redevelopment area,
- (a) land for a park or land for school buildings designed for the
instruction or accommodation of students, or
- (b) land for new or expanded recreation facilities,
or both.
Off-site levy
76. (1) For the one or more purposes referred to in subsection (2), a council may by by-law
- (a) provide for the imposition and payment of a levy to be known as an off-site levy, in respect of land that
- (i) is to be developed or subdivided, and
- (b) authorize an agreement to be entered into in respect of the payment of the levy.
(2) An off-site levy may be used only to pay for all or part of the capital cost of all or any of the following:
- (a) new or expanded facilities for the storage, transmission,
treatment or supplying of water;
- (b) new or expanded facilities for the treatment, movement or
disposal of sanitary sewage;
- (c) new or expanded storm sewer drainage facilities;
- (d) land required for or in connection with any facilities described in clauses (a) to (c).
Condition of issuing development permit
77. (1) A council may require with respect to a development that, as a condition of issuing a development permit, the applicant enter into an agreement to do all or any of the following:
- (a)to construct or pay for the construction of a public roadway
required to give access to the development;
- (b) to construct or pay for the construction of
- (i) a pedestrian walkway system to serve the development, or
- (ii) pedestrian walkways that will connect the pedestrian walkway system serving the development with a pedestrian walkway system that serves or is proposed to serve an adjacent development,
- or both;
- (c) to install or pay for the installation of utilities that are
necessary to serve the development;
- (d) to construct or pay for the construction of
- (i)off-street or other parking facilities, and
- (ii) loading and unloading facilities;
- (e) to pay an off-site levy or redevelopment levy imposed by by-law.
DIVISION 3
DEVELOPMENT CONTROL
Dwelling Units on a Lot
Number of dwelling units on a lot
78. (1) Subject to subsections (2), (3) and (6), no person shall construct or locate or cause to be constructed or located more than one dwelling unit on a parcel.
(2) A development officer may issue a development permit to a person that would permit the construction or location of more than one dwelling unit on a parcel if he 2nd or additional dwelling unit
- (a) is to be occupied by a person who is engaged on a full-time
basis for at least 6 months each year in an agricultural pursuit,
- (b) is contained in a building that, or in buildings each of
which, is designed for or divided into 2 or more dwelling units,
- (c) is a mobile unit as defined in the Municipal Government
Act forming part of a park for mobile units, or
- (d) is a building, as defined in the Condominium Property Act, that is the subject of a condominium plan to be registered in a land titles office under that Act.
Orders of Compliance
Notice requiring application for
subdivision approval
79. (1) Except as permitted under section 78, when a single lot contains 2 or more dwelling units, the council of the municipality in which the dwelling units are situated may cause to be served on the registered owner of the lot a notice in writing requiring him to apply for subdivision approval within the period of time specified in the notice.
Compulsory subdivision
80. (1) If, on the expiry of the period of time specified in a notice issued pursuant to section 79, the registered owner of the lot described in the notice has failed to apply for subdivision approval, the council with or without his consent may apply for subdivision approval.
(2) A subdivision approval granted pursuant to this section need not be confined to those portions of the lot that are occupied or unoccupied as separate buildings intended for use as a residence at the time the survey of the lot is made but, if the council so requires, the proposed subdivision may include the whole of the lot or such portion or portions of it as may suitably be subdivided for future separate occupancy.
(3) The application fee and costs of applying for subdivision approval, making the survey and registering the plan of subdivision or other instrument and any other costs incurred by the council under this section may, at the direction of the council, be placed on the tax roll as an additional tax against the property concerned and that amount shall be collected in the same manner as taxes on land.
PART 5
SUBDIVISION OF LAND
DIVISION 1
CONTROL OVER
SUBDIVISIONS
Control over subdivisions
86. (1) Except as provided in subsection (2), a Registrar shall not accept for registration an instrument that has the effect or that may have the effect of subdividing a parcel unless the subdivision has been approved by the subdivision approving authority.
(4) A Registrar shall not accept a caveat for registration in a land titles office that relates to an instrument that has or may have the effect of subdividing a parcel unless
- (a) no subdivision approval is required in respect of that
subdivision pursuant to subsection (2), or
- (b) subdivision approval has been granted in respect of that subdivision.
DIVISION 2
APPLICATION FOR SUBDIVISION APPROVAL
Hearing unnecessary
90. A subdivision approving authority is not required to hear any representations with respect to an application for subdivision approval.
Approval application
91.(1) A subdivision approving authority shall not approve an application for subdivision approval unless
- (a) the land that is proposed to be subdivided is, in the opinion
of the subdivision approving authority, suitable for the purpose for
which the subdivision is intended;
- (b) the proposed subdivision conforms to the provisions of any
regional plan, ministerial regional plan, statutory plan and, subject
to subsection (1.1), any land use by-law or land use regulation that
affects the land proposed to be subdivided;
- (c) the proposed subdivision complies with this Act and the
regulations;
- (d) all outstanding property taxes on the land proposed to be subdivided have been paid to the council of the municipality in which the land is situated or arrangements satisfactory to the council have been made for the payment thereof.
(2) A subdivision approving authority may approve or refuse an application for subdivision approval.
Conditions of subdivision approval
92. (1) A subdivision approving authority may impose the following conditions or any other conditions permitted to be imposed by the subdivision regulations on a subdivision approval issued by it:
- (a)any conditions that may be necessary to ensure that this Act
and the regulations and any regional plan, ministerial regional plan,
statutory plan and land use by-law or land use regulations affecting
the land proposed to be subdivided are complied with;
- (b) at the request of a council, a condition that the applicant enter into an agreement with the council respecting all or any of the following:
- (i) to construct or pay for the construction of a public roadway
required to give access to the subdivision;
- (ii) to construct or pay for the construction of
- (A) a pedestrian walkway system to serve the subdivision, or
- (B) pedestrian walkways that will connect the pedestrian walkway system serving the subdivision with a pedestrian walkway system that serves or is proposed to serve an adjacent subdivision,
- or both;
- (iii) to install or pay for the installation of utilities that
are necessary to serve the subdivision;
- (iv) to construct or pay for the construction of
- (A) off-street or other parking facilities, and
- (B) loading and unloading facilities;
- (v) to pay an off-site levy or redevelopment levy imposed by by-law.
Notice of decision
93. (1) A decision of a subdivision approving authority shall be given in writing.
(2) When a subdivision approving authority refuses an application for subdivision approval, the decision shall contain reasons for the refusal.
(3) Copies of the decison shall be sent to
- (a) the applicant,
- (b) the council of the municipality in which the land proposed to be subdivided is situated, except when a municipal planning commission is the subdivision approving authority for that municipality,
(4) If the subdivision approving authority approves an application for subdivision approval, it shall, within 14 days after making its decision, publish a notice of the decision at least once in a newspaper having general circulation in the municipality in which the proposed subdivision is located.
(5) The notice referred to in subsection (4) shall contain the legal description of the land to be subdivided and any other information that the notice is required to contain under the subdivision regulations.
Refusal of application
94. If an application for subdivision approval is refused, the subdivision approving authority may refuse to accept for consideration, with respect to the same land or part of the same land, a further application for subdivision approval submitted to it within the 6-month period after the date of the subdivision approving authority's decision to refuse the application.
DIVISION 3
LAND PROVIDED TO THE CROWN,
MUNICIPAL CORPORATIONS
AND SCHOOL AUTHORITIES AND MONEY IN PLACE OF CERTAIN RESERVE LAND
Land for walkways, roadways, etc.
95. The registered owner of land that is the subject of a proposed subdivision shall provide, without compensation,
- (a) to the Crown in right of Alberta or a municipal corporation,
as the case may be, land for public roadways and public utilities
- (b) to the Crown in right of Alberta or a municipal corporation,
as the case may be, land for environmental reserve,
- (c) to the Crown in right of Alberta, a municipal corporation or one or more school authorities or a municipal corporation and one or more school authorities, as the case may be, except for the exemptions referred to in section 97,
- (i) land for municipal reserve, school reserve or municipal and
school reserve,
- (ii) money in place of all or any of the land referred to in
subclause (i), or
- (iii) a combination of land and money,
as may be required by a subdivision approving authority in accordance with this Division.
Public roadways, walkways, etc.
96. (1) A subdivision approving authority may require the registered owner of a parcel that is the subject of a proposed subdivision to provide part of that parcel for the purpose of public roadways or public utilities or both.
(2) The land to be provided under subsection (1) shall not exceed 30% of the area of the parcel less the land taken as environmental reserve.
(3) If
- (a) the registered owner has provided sufficient land for the
purposes referred to in subsection (1), but
- (b) the area of land so provided is less than the maximum amount authorized by subsection (2),
the subdivision approving authority shall not require the owner to provide any more land for those purposes.
Reserve Land
Environmental reserve
98. Subject to section 97, a subdivision approving authority may require the registered owner of a parcel that is the subject of a proposed subdivision to provide part of that parcel as environmental reserve if it consists of
- (a) a swamp, gully, ravine, coulee or natural drainage course,
- (b) land that is subject to flooding or is, in the opinion of the
subdivision approving authority, unstable, or
- (d) a strip of land, not less than 6 metres in width, abutting the bed and shore of any lake, river, stream or other body of water for the purpose of
- (i) preventing pollution, or
- (ii) providing public access to and beside the bed and shore.
Municipal and school reserve
99. (1) Subject to section 97, a subdivision approving authority may require the registered owner of a parcel that is the subject of a proposed subdivision
- (a) to provide part of that parcel as municipal reserve and part
as school reserve or as municipal and school reserve,
- (b) to provide money in place of municipal reserve and school
reserve or municipal and school reserve or any of them, or
- (c) to provide any combination of land or money referred to in clauses (a) and (b).
(2) The aggregate amount of land that may be required to be provided under subsection (1) shall not exceed 10% of the area of the parcel less the land required to be provided as environmental reserve.
(3) The total amount of money that may be required to be provided under subsection (1) shall not exceed 10% of the appraised market value determined in accordance with section 100, of the area of the parcel less the land required to be provided as environmental reserve.
(4) When a combination of land and money is required to be provided, the total of
- (a) the percentage of land required under subsection (2), and
- (b) the percentage of the appraised market value of the land required under subsection (3)
shall not exceed 10%.
Deferment of municipal and school reserve
102. (1) Instead of requiring municipal reserve or school reserve or municipal and school reserve or money in place of any of them to be provided, a subdivision approving authority may direct that the requirement to provide all or part of the municipal reserve, school reserve or municipal and school reserve be deferred.
Allocation of municipal and school reserve
104. (1) When reserve land is required to be provided, the subdivision approving authority shall
- (a) specify the amount, type and location of reserve land that is to be provided, and
(3) When a combination of land and money is required to be provided, the subdivision approving authority shall
- (a) specify the amount, type and location of reserve land that is to be provided, and
DIVISION 4
REGISTRATION OF SUBDIVISION INSTRUMENTS
Registration of subdivision instruments
105. (1) The applicant for subdivision approval shall submit to the subdivision approving authority the plan of subdivision or other instrument that effects or will effect the subdivision within one year after the latest of the following dates:
- (a) the date on which the subdivision approval is given to the
application;
- (b) if there is an appeal to the Board in respect of the
application, the date of the Board's decision unless the appeal is
sooner discontinued;
- (c) if there is an appeal to the Court of Appeal under section 152, the date on which the judgment of the Court is entered or the date on which the appeal was discontinued.
(3) On being satisfied that a plan of subdivision or other instrument complies with a subdivision approval and that any conditions imposed have been met, the subdivision approving authority or a person designated in writing by the subdivision approving authority, shall endorse the plan or other instrument in accordance with the regulations.
(4) On being satisfied that a plan of subdivision or other instrument complies with a subdivision approval but conditions to which the approval is subject have not been met, the subdivision approving authority or a person designated in writing by the subdivision approving authority may endorse the plan or other instrument in accordance with the regulations if it or he is satisfied that the conditions will be met.
(5) If the plan of subdivision or other instrument is not submitted to the subdivision approving authority within the time prescribed by subsection (1) or any longer period authorized by the Board, the subdivision approval is void.
DIVISION 7
REPLOTTING SCHEMES
Preparation of replotting scheme
123. In this Division,
- (a) "cost of preparing the replotting scheme'' means the following costs payable with respect to a replotting scheme:
- (i)appraisal costs,
- (ii) survey costs,
- (iii) costs paid to prepare a plan of subdivision,
- (iv) subdivision approving authority costs, and
- (v)land titles costs;
- (b) "land replot" means a replotting scheme based on a
proportional redistribution of the land in the replotting scheme;
- (c) "replot compensation" means the compensation that may be
awarded by the Land Compensation Board pursuant to section 137;
- (d) "valuation replot" means a replotting scheme based on the valuation of land to determine the redistribution of ownership of land within the replotting scheme.
Notice of preparation of replotting scheme
124. (1) If a council proposes to consider a resolution authorizing the preparation of a replotting scheme, it shall cause notice of its intention to be served on the registered owners of land within the boundaries of the proposed replotting scheme stating
- (a) the land proposed to be included in the replotting scheme,
- (b) the nature of the proposed alteration in the boundaries of the
lots in the scheme,
- (c) the location and relocation of any easements or rights of way
in the scheme, and
- (d) the time and place at which the council intends to hold a hearing on the matter.
(3) For the purpose of redistributing the ownership of land within a replotting scheme and after the hearing referred to in subsection (1), a council may pass a resolution authorizing the preparation of a replotting scheme and describing the land to be included within the scheme.
Contents of replotting scheme
128. A replotting scheme shall consist of
- (a) a plan showing the original lots within the scheme, the
dimensions and area of each lot, the total area of all the lots and
all easements and rights of way registered against the land in the
replotting scheme,
- (c) a schedule of the names of the registered owners of the
original lots,
- (e) if a land replot is proposed,
- (i) a schedule showing the area of each original lot, and
- (ii) a schedule showing the area of each proposed new lot,
- (f) a schedule showing the proposed allotment of each new lot to
be created by the scheme and the proposed registered owner of it,
- (h) a proposed plan of subdivision relating to the land in the replotting scheme showing in addition to those things provided for in this Act and the regulations, the location of easements and rights of way over the land included in the replotting scheme.
Entitlement of registered owners
129. (1) If a replotting scheme that is a valuation replot is consented to under section 131( 2)( a), each registered owner of land included in the replotting scheme is entitled to be allotted one or more new lots in the replotting scheme having an appraised market value bearing the same proportion to the aggregate appraised value of all the proposed new lots in the replotting scheme as the appraised market value of his original one or more lots bears to the aggregate appraised market value of all the original lots in the scheme.
(2) If a replotting scheme that is a land replot has been consented to under section 131( 2)( b), each registered owner is entitled to be allotted one or more new lots in the replotting scheme having an area bearing the same proportion to the aggregate area of all the proposed new lots in the replotting scheme as the area of his original one or more lots bears to the aggregate area of all the original lots in the replotting scheme.
Notice of replotting scheme
130. (1) On completion of the preparation of a replotting scheme, the council shall cause notice of it to be served on each registered owner of land in the replotting scheme.
(2) The notice referred to in subsection (1) shall
- (a) outline the contents of the replotting scheme and explain the
consequences of it, if adopted, and
- (b) state the date, time and place at which a public hearing will be held by council to hear representations with respect to the scheme.
Adoption of replotting scheme
131. (1) As soon as practicable after serving notices under section 130, the council shall hold a hearing on the scheme in accordance with the notice and at the hearing shall hear any registered owner who wishes to be heard.
(2) After holding the hearing and on being satisfied that consent to the replotting scheme has been given in writing by
- (a) 90% or more of the registered owners of the original lots in
the replotting scheme having 90% or more of the market value of all
the lots appraised under section 127( 1)( a), or
- (b) 90% or more of the registered owners of the original lots in the replotting scheme, the council may, by resolution, adopt the scheme.
(3) If the council fails to obtain the consents required under this section, it shall by resolution discontinue the scheme and file a certified copy of the resolution in the appropriate land titles office, whereupon the Registrar shall cancel each memorandum endorsed pursuant to section 125 that relates to the scheme.
(4) Notwithstanding anything in this section, when in the case of a municipality other than a city, land forming any part of a public roadway is affected by a replotting scheme, the scheme shall not be adopted by the council without the prior approval of the Minister of Transportation and Utilities.
Registration of replotting scheme
133. (1) On the adoption of a replotting scheme, the council shall
- (a) apply for subdivision approval of the land included in the
replotting scheme, and
- (b) file at the land titles office
- (i) a certified copy of the resolution adopting the scheme,
- (ii) a certified copy of the scheme, and
- (iii) the plan of subdivision endorsed by the subdivision approving authority made in accordance with the scheme as adopted, sealed with the seal of the municipal corporation together with a statutory declaration signed by the municipal secretary in a form prescribed by the subdivision regulations.