2023 Bill 93

	93


Second Session, 50th General Assembly 3 Charles III, 2024
BILL 93
AN ACT TO AMEND THE URBAN AND RURAL PLANNING ACT, 2000 AND THE CITY OF ST. JOHN'S MUNICIPAL TAXATION ACT
Received and Read the First Time................................................................
Second Reading............................................................................................
Committee.....................................................................................................
Third Reading...............................................................................................
Royal Assent.................................................................................................
HONOURABLE JOHN HAGGIE Minister of Municipal and Provincial Affairs
Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Urban and Rural Planning Act, 2000 to

· add definitions of affordable housing, incentive or bonus zoning agreement and inclusionary zoning;

· clarify that proposals for land use zoning regulations may include proposals for inclusionary zoning;

· clarify that a council or regional authority may include policies respecting affordable housing and incentive or bonus zoning agreements in a plan;

· clarify that a council or regional authority may make development regulations respecting inclusionary zoning where a plan includes proposals for inclusionary zoning;

· clarify that a council or regional authority is required to use money provided to a council or regional authority under section 37 for park land or public uses;

· clarify that a council or regional authority may make regulations respecting incentive or bonus zoning agreements;

· allow a council or regional authority to hold a public hearing by electronic means; and

· modernize the requirements for publishing notices required under the Act.

This Bill would amend the City of St. John’s Municipal Taxation Act to

· add a definition of affordable housing;

· allow the council of the City of St. John's to exempt real property that is used for affordable housing from real property tax;

· replace all references to "Trial Division" with the correct reference "Supreme Court"; and

· incorporate gender-neutral language.

A BILL

AN ACT TO AMEND THE URBAN AND RURAL PLANNING ACT, 2000 AND THE CITY OF ST. JOHN'S MUNICIPAL TAXATION ACT

Analysis

URBAN AND RURAL PLANNING ACT, 2000

1. S.2 Amdt.
Definitions

2. S.13 Amdt.
Plan requirements

3. S.17 Amdt.
Notice of adoption

4. S.18 Amdt.
Public hearing

5. S.24 Amdt.
Government policy review and plan registration

6. S.35 Amdt.
Council and regional authority etc. regulations

7. S.37 Amdt.
Dedication of land for public use

8. S.37.1 Added
Incentive or bonus zoning agreements

9. S.52 Amdt.
Notice of expropriation

10. S.81 Amdt.
Notification of claimants

11. S.110.1 Added
Publication

CITY OF ST. JOHN'S MUNICIPAL TAXATION ACT

12. S.2 Amdt.
Interpretation

13. S.6 Amdt.
Tenant of tax exempt property

14. S.7 Amdt.
Representative capacity

15. S.8 Amdt.
Tax exempt property

16. S.17 Amdt.
Payment Review Board

17. S.22 Amdt.
Collection of water tax

18. S.25 Amdt.
Circus licence

19. S.28 Amdt.
Accommodation tax

20. S.30 Amdt.
Lien for taxes

21. S.33 Amdt.
Right of mortgagee

22. S.36 Amdt.
Sale for arrears

23. S.37 Amdt.
Where no bidder

24. S.39 Amdt.
Distribution of purchase price

25. S.40 Amdt.
Sale invalid

26. S.41 Amdt.
Assessment after sale

27. S.42 Amdt.
Effect of sale

28. S.44 Amdt.
Collection despite appeal

29. S.45 Amdt.
Repayment on overpayment

30. S.46 Amdt.
Limitations on actions

31. S.47 Amdt.
Defence barred

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

URBAN AND RURAL PLANNING ACT, 2000

SNL2000 cU-8
as amended

1. (1) Section 2 of the Urban and Rural Planning Act, 2000 is amended by adding immediately before paragraph (a) the following:

(a.01) "affordable housing" means housing that is determined to be affordable by a council or regional authority;

(2) Section 2 of the Act is amended by adding immediately after paragraph (h) the following:

(h.1) "incentive or bonus zoning agreement" means an agreement referred to in section 37.1;

(h.2) "inclusionary zoning" means a type of land use zoning that allows a variety of housing options within a development, including affordable housing and multi-unit housing;

2. (1) Section 13 of the Act is amended by adding immediately after subsection (2) the following:

(2.1) Without limiting the generality of paragraph (2)(d), proposals for land use zoning regulations may include proposals respecting inclusionary zoning.

(2) Subsection 13(3) of the Act is amended by adding immediately after paragraph (n) the following:

(n.1) establish provisions for and policies with respect to affordable housing;

(n.2) establish provisions for and policies with respect to incentive or bonus zoning agreements;

3. Subsection 17(1) of the Act is repealed and the following substituted:

Notice of adoption

17. (1) Where a proposed plan and development regulations have been adopted under subsection 16(1), a council or regional authority shall publish notice of that adoption twice in accordance with section 110.1 not fewer than 14 days before the date fixed under section 18 for the hearing of objections to and representations on the proposed plan and regulations.

4. Subsection 18(2) of the Act is repealed and the following substituted:

(2) A public hearing referred to in subsection (1)

(a) shall be held within the area under the jurisdiction of the applicable council or regional authority; and

(b) may, as determined by the council or regional authority, be conducted in person or by teleconference, video conference or other electronic means of communication that permits all participants to communicate with each other during the hearing.

5. Subsection 24(2) of the Act is repealed and the following substituted:

(2) Where a plan and development regulations are registered under subsection (1), the council or regional authority shall, within 10 days of being notified of that registration, publish notice of that registration

(a) in accordance with section 110.1; and

(b) in the Gazette.

6. (1) Subsection 35(1) of the Act is amended by adding immediately after paragraph (a) the following:

(a.1) respecting inclusionary zoning, where the plan includes proposals for inclusionary zoning;

(2) Subsection 35(5) of the Act is repealed and the following substituted:

(5) Notwithstanding subsection (3) and section 25, where there is a proposed change in a regulation made under this section that has not occurred as a result of a change in a plan, a council or regional authority responsible for the changed regulation shall

(a) publish notice of those proposed changes in accordance with section 110.1; and

(b) receive representations with respect to those changes before forwarding the regulations to the minister for registration under section 24.

7. Section 37 of the Act is amended by adding immediately after subsection (4) the following:

(4.1) A council or regional authority shall use any money paid under subsection (3) or (4) for the acquisition or development of land for park land or other public use.

(4.2) Notwithstanding subsection (4.1), a council or regional authority may, with the prior approval of the minister, use any money paid under subsection (3) or (4) for another purpose that supports the policies of the council or regional authority that are included in a plan registered under this Act.

8. The Act is amended by adding immediately after section 37 the following:

Incentive or bonus zoning agreements

37.1 (1) A council or regional authority may make regulations requiring an applicant for a development to enter into an incentive or bonus zoning agreement.

(2) An incentive or bonus zoning agreement may modify specified development requirements where the applicant for the development agrees to provide a contribution by undertaking actions or providing other amenities in the area of the development that support the policies of the council or regional authority that are included in a plan registered under this Act.

(3) Where the council or regional authority determines that it is not feasible or desirable for an applicant for a development to provide the contribution referred to in subsection (2), the applicant may pay an amount of money to the council or regional authority equal to the value of the contribution that would have been required under subsection (2).

(4) A council or regional authority shall use any money paid under subsection (3) for the purpose for which the money was paid.

(5) Notwithstanding subsection (4), a council or regional authority may, with the prior approval of the minister, use any money paid under subsection (3) for another purpose that supports the policies of the council or regional authority that are included in a plan registered under this Act.

9. Paragraph 52(2)(b) of the Act is repealed and the following substituted:

(b) publish a notice in accordance with section 110.1.

10. Paragraph 81(c) of the Act is repealed and the following substituted:

(c) within 10 days after payment into court publish a notice in accordance with section 110.1 stating the place and description of the land and that the land has been expropriated under this Act and calling upon persons who had an interest in or claim against the land or who have been injuriously affected by the expropriation to file their claims to compensation with the court.

11. The Act is amended by adding immediately after section 110 the following:

Publication

110.1 Any notice required to be given by a council, regional authority or authorized administrator under this Act, the regulations or a by-law shall, unless otherwise stated in this Act, be posted in at least 2 conspicuous places in the area affected and also given by one or more of the following means:

(a) publishing the notice in a newspaper published or having general circulation in the area affected;

(b) broadcasting the notice on a radio or television station that broadcasts in the area affected;

(d) publishing the notice on the council's, regional authority's or authorized administrator's website;

(e) publishing the notice on social media accounts of the council, regional authority or authorized administrator; and

(f) any other means that is reasonably expected to notify a person in the area affected.

CITY OF ST. JOHN'S MUNICIPAL TAXATION ACT

SNL2006 cC-17.1
as amended

12. Subsection 2(1) of the City of St. John's Municipal Taxation Act is amend by adding immediately before paragraph (a) the following:

(a.01) "affordable housing" means housing that is determined to be affordable by the council;

13. Section 6 of the Act is amended by

(a) deleting the words "him or her" and substituting the words "the tenant"; and

(b) deleting the words "he or she" and substituting the words "the tenant".

14. Subsection 7(1) of the Act is amended by deleting the words "his or her" and substituting the words "that person's".

15. Paragraph 8(1)(d) of the Act is amended by deleting the word "or" after subparagraph (vii), deleting the semi-colon and word "and" at the end of subparagraph (viii) and substituting a comma and the word "or" and adding immediately after subparagraph (viii) the following:

(ix) used as part of an affordable housing initiative that is funded, in whole or in part, by the government of Canada, the provincial government or an agency of the government of Canada or of the provincial government; and

16. Subsection 17(2) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

17. (1) Subsection 22(2) of the Act is amended by deleting the words "him or her" and substituting the words "that occupier or other person".

(2) Subsection 22(6) of the Act is amended by deleting the words "him or her" wherever they appear and substituting the words "the owner".

18. (1) Subsection 25(1) of the Act is amended by deleting the words "he or she" and substituting the words "the person".

(2) Subsection 25(7) of the Act is amended by deleting the words "he or she" and substituting the words "the person".

19. Paragraph 28(3)(b) of the Act is amended by deleting the words "he or she" and substituting the words "the student".

20. Subsection 30(7) of the Act is amended by deleting the words "him or her" and substituting the words "the city clerk".

21. Subsection 33(2) of the Act is amended by

(a) deleting the words "his or her" and substituting the words "the person's";

(b) deleting the words "he or she" wherever they appear and substituting the words "the person"; and

22. Subsection 36(1) of the Act is amended by

(a) deleting the words "him or her" and substituting the words "the city clerk"; and

(b) deleting the words "his or her" and substituting the words "the city clerk's".

23. (1) Subsection 37(1) of the Act is amended by

(a) deleting the words "he or she" and substituting the words "the city clerk"; and

(b) deleting the words "him or her" and substituting the words "the city clerk".

(2) Subsection 37(2) of the Act is amended by deleting the words "he or she" and substituting the words "the city clerk".

24. Subsection 39(2) of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court".

25. Section 40 of the Act is amended by

(a) deleting the words "him or her" and substituting the words "the purchaser"; and

(b) deleting the words "his or her" and substituting the words "the city clerk's".

26. Subsection 41(1) of the Act is amended by deleting the words "his or her" and substituting the words "the purchaser's".

27. Section 42 of the Act is amended by deleting the words "his or her" and substituting the words "the purchaser's".

28. Section 44 of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court".

29. Subsection 45(1) of the Act is amended by

(a) deleting the words "his or her" and substituting the words "the person's"; and

(b) deleting the words "he or she" and substituting the words "the person".

30. Paragraph 46(1)(b) of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court".

31. Section 47 of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court".