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Copyright 2000: Queens Printer,
St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER U-7

AN ACT RESPECTING URBAN AND RURAL PLANNING

Analysis

1. Short title

2. Definitions

3. Supersession of Act

PART I
ADMINISTRATION

4. Provincial planning board

5. Powers and duties of board

6. Inquiries and hearings

7. Appeal boards

8. Appeals to board

9. Development may not proceed

PART II
MUNICIPAL PLANS

10. Municipal plan

11. Definition of area

12. Interim development order

13. Preparation of municipal plan

14. Municipal plan

15. Adoption of municipal plan

16. Notice of adoption of municipal plan

17. Arrangements for public hearing

18. Appointment of commissioner

19. Filing of objections

20. Public hearing

21. Powers of commissioner

22. Commissioner to forward report to minister

23. Application to minister for approval of municipal plan

24. Approval by the minister

25. Publication of approval of minister

26. Variation, etc., of municipal plan

27. Time when municipal plan takes effect

28. Municipal plan binding upon municipality

29. Review of municipal plan

30. Development schemes

31. Adoption of development schemes

32. Acquisition of lands and buildings

33. Development lines

34. New use of land within development lines

35. Amendment or revocation of plan

36. Control and use of land

37. Submission to board

38. Submission to minister

PART III
JOINT MUNICIPAL PLANS

39. Joint planning area

40. Constitution of joint planning authorities

41. Municipal representation

42. Delegation of duties

43. Joint planning authority

44. Duties of a municipality

PART IV
LOCAL AREA PLANS

45. Local planning area

46. Preparation of local area plan

47. Approval of the minister to be obtained

48. Review of local area plan

49. Revision of local area plan

50. Act applies to local area plan

PART V
REGIONAL PLANS

51. Regional planning area

52. Preparation of regional plan

53. Requisites of regional plan

54. Approval of minister to be obtained

55. Review of regional plan

56. Revision of regional plan

57. Approval of regional plan

PART VI
PROTECTED AREAS

58. Protected area

59. Preparation of plans for protected area

60. Protected area order

PART VII
PROTECTED ROADS

61. Protected road

62. Regulations

PART VIII
REGULATIONS

63. Regulations

64. Regulations

65. Dedication of land for public use

66. Development guarantees

67. Conflict of regulations

68. Coming into effect of regulations

PART IX
DEVELOPMENT
CERTIFICATES

69. Development certificates

PART X
REFERENCE OF
APPLICATIONS TO
MINISTER

70. Applications referred to minister

PART XI
EXPROPRIATION AND COMPENSATION

71. Minister may expropriate land

72. Application to the minister for expropriation

73. Ascertaining of land to be expropriated

74. Notice of expropriation

75. Owner may be required to file claim

76. Publication of notice requiring claims to be filed

77. Where limited estate is required

78. Rights of mortgagees and lien holders

79. Error not to invalidate expropriation

80. Notice of expropriation where compensation agreed upon

81. Vesting of title

82. Register of expropriations

83. Registration of notices of expropriation

84. Compensation to be paid

85. Information supporting claims to be submitted to minister

86. Board of arbitrators shall fix compensation

87. Number of arbitrators

88. Fees of board

89. Board to give notice of hearing

90. Board may compel witnesses to attend, etc.

91. Witness fees

92. Note of evidence; tape recording

93. Board may try questions of law and fact

94. Rules for assessing compensation

95. Awards

96. Apportionment of award

97. Exchange of land subject of money payment

98. Return of land expropriated

99. Award of board to be written

100. Award not invalid because of want of form

101. Board may award costs

102. Time of payment of compensation

103. Claims upon compensation

104. Payments by minister

105. Minister to notify claimants

106. Registrar to provide names and addresses

107. Registrar shall pay owner

108. Claimant may apply to court

109. Application to court

110. Notice of application to court

111. Adverse claims

112. Security for costs

113. Costs

114. Adjudication

115. Compensation disposed of as judge directs

116. Application of Judicature Act

117. Claims barred after 3 years

118. Compensation to be returned to minister

119. Guardian of infant or mentally incompetent person

120. Disposal of land

121. Entry upon land to do certain things

PART XII
MISCELLANEOUS

122. Appeal

123. Enforcement of planning

124. Authorized administrator may be required to purchase land

125. Right of entry

126. Penalty

127. Minister may order stopping of development

128. Prosecutions


Short title

1. This Act may be cited as the Urban and Rural Planning Act.

RSN1970 c387 s1

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Definitions

2. In this Act

(a) "appeal board" means an appeal board established under section 7;

(b) "appropriate appeal board" means,

(i) where there is more than 1 appeal board, the appeal board appropriate to the area of the province concerned, or

(ii) where there is 1 appeal board only, that appeal board;

(c) "authority" means a joint planning authority constituted under section 40;

(d) "authorized administrator" means an authorized council or joint planning authority, or the board or a public authority exercising jurisdiction in the municipal planning area, the joint planning area, the local planning area, the regional planning area or another area or part of it entrusted to it under this Act, and includes a person or body authorized by this Act or another Act to administer this or another Act or regulations made under an Act;

(e) "authorized council" means a council authorized by the Lieutenant-Governor in Council under section 12 to exercise control within a municipal planning area and includes a council authorized under this Act to administer a municipal plan;

(f) "board" means the provincial planning board referred to in section 4 except where the context indicates that it means a board of arbitrators;

(g) "building" means a structure, erection, excavation, alteration or improvement placed on, over or under land, or attached, anchored or moored to land, and includes mobile structures, vehicles and marine vessels adapted or constructed for residential, commercial, industrial and other similar uses, and a part of a building as so defined and fixtures that form part of a building;

(h) "council" means a city council, or a town, community or regional council established or continued under the Municipalities Act and includes a council or board of a city, municipality or metropolitan area constituted under a special Act;

(i) "court" means the Trial Division;

(j) "development" means the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of a material change in the use, or the intensity of use of land, buildings or premises and specifically includes,

(i) the making of an access onto a highway, road or way,

(ii) the erection of an advertisement or sign,

(iii) the parking of a trailer, or vehicle used for the sale of refreshments or merchandise, or as an office, or for living accommodation,

and excludes

(iv) the carrying out of works for the maintenance, improvement or other alteration of a building, being works which affect only the interior of the building or which do not materially affect the external appearance or use of the building,

(v) the carrying out by a highway authority of works required for the maintenance or improvement of a road, being works carried out on land within the boundaries of the road reservation,

(vi) the carrying out by a local authority or statutory undertakers of works for the purpose of inspecting, repairing or renewing sewers, mains, pipes, cables or other apparatus, including the breaking open of street or other land for that purpose, and

(vii) the use of a building or land adjacent to a dwelling house for a purpose incidental to the enjoyment of the dwelling house as a dwelling;

(k) "land" includes land covered by water, and buildings and structures on, over or under the soil and fixtures that form part of those buildings and structures;

(l) "minister" means the Minister of Municipal and Provincial Affairs or another minister of the Crown appointed by the Lieutenant-Governor in Council to administer this Act;

(m) "public authority" includes the Crown and a person authorized to do or enforce the doing of an act or thing or to exercise a power or upon whom a duty is imposed under a public statute; and

(n) "subdivision" means the dividing of land, whether in single or joint ownership into 2 or more pieces for the purpose of development.

RSN1970 c387 s2; 1974 No57 s38(264(nn));
1979 c33 Sch C; 1981 c4 Sch D; 1982 c26 s1;
1986 c42 Sch A; 1989 c30 Sch B

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Supersession of Act

3. The powers conferred upon an authorized administrator by this Act shall be in addition to powers conferred under another Act; and where this Act conflicts with another Act, except for the Family Homes Expropriation Act, this Act shall prevail.

RSN1970 c387 s4

PART I
ADMINISTRATION

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Provincial planning board

4. (1) The Lieutenant-Governor in Council may by order constitute a provincial planning board of not more than 15 persons which shall include

(a) the representatives of departments of the government concerned with urban and rural development or matters associated with that development within the province that may be designated or appointed by the Lieutenant-Governor in Council; and

(b) other persons that the Lieutenant-Governor in Council appoints.

(2) A member of the board shall hold office until his or her successor is appointed by the Lieutenant-Governor in Council and is eligible for reappointment.

(3) The board shall be presided over by a chairperson appointed from among its members by the Lieutenant-Governor in Council or in the absence of the chairperson, the member that the members present shall from among themselves appoint.

(4) A majority of the members of the board constitutes a quorum.

(5) The board may adopt rules for its procedure and shall keep full minutes of its proceedings.

(6) A vacancy in the chairpersonship shall not impair the authority of the remaining members of the board to act.

(7) A member of the board shall not receive remuneration for his or her services as a member but may be paid the actual expenses necessarily incurred in the discharge of the duties as a member of the board.

(8) The minister shall appoint a secretary of the board from among the members or otherwise.

(9) Meetings of the board shall be called by the secretary on the instruction of the chairperson.

RSN1970 c387 s5

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Powers and duties of board

5. (1) The board shall

(a) advise the minister with respect to urban and rural planning;

(b) discharge duties or functions assigned to it by this or another Act or by the minister; and

(c) each year, make a report to the minister concerning the activities of the board during the preceding calendar year.

(2) Subject to the approval of the minister, the board may

(a) conduct studies with respect to the physical, economic and social aspects of development and prepare reports and recommendations on regional planning, metropolitan growth, the planning of new towns, and other matters relating to the development of a part of the province that may require the consideration of the Lieutenant-Governor in Council;

(b) help and advise a public authority in the planning of orderly and economical development of land within its jurisdiction and as to the methods by which orderly and economical development may be obtained; and

(c) collect information, undertake research and publish and distribute material that will help public authorities, and encourage the planning of orderly and efficient development within the province.

RSN1970 c387 s6

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Inquiries and hearings

6. (1) Subject to the approval of the minister, the board may, itself or by a person appointed or designated by it, make inquiries into and report on matters before the board or matters or things over which the board has jurisdiction.

(2) For the purposes of holding an inquiry or hearing under this or another Act or regulation or under a municipal regulation, the board, or a person appointed by it to make an inquiry, has the powers of a commissioner under the Public Inquiries Act.

(3) The board may make and adopt rules of practice, consistent with this Act, regulating its procedure.

(4) In the conduct of inquiries and hearings before it, the board is not bound by the technical rules of evidence.

(5) The board may order by whom and in what proportion the costs and expenses incurred in making an inquiry and report or in holding a hearing under this Act shall be paid, and may fix the amount of the costs and expenses in accordance with a schedule or scale of costs adopted by the board or as a lump sum.

(6) Where necessary in an inquiry or matter before the board, the board or a person appointed by it to make an inquiry may enter upon and inspect land or other property.

RSN1970 c387 s7

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Appeal boards

7. (1) The minister may, by order, establish

(a) an appeal board for the entire province; or

(b) those appeal boards that he or she may consider desirable, each appeal board to be assigned, by the minister, a specified area of the province over which it has jurisdiction.

(2) An appeal board is to be constituted of that number of persons, not less than 3 and not more than 5, that the minister considers desirable, and the minister may appoint to an appeal board those representatives of departments of the government of the province and other persons that he or she considers desirable.

(3) Where there is more than 1 appeal board, in the event of a dispute as to which appeal board has jurisdiction for a matter, the decision of the minister is final and conclusive for all those purposes and is not subject to review by a court of law or otherwise.

(4) A member of an appeal board holds office for a 3 year term and is eligible for reappointment for a further 3 year term.

(5) An appeal board shall be presided over

(a) by a chairperson appointed from among its members by the minister; or

(b) in the absence of the chairperson, by the member that the members present may from among themselves appoint.

(6) A majority of the members of an appeal board constitutes a quorum.

(7) A member of an appeal board shall receive the remuneration for his or her services that may be prescribed by the Lieutenant-Governor in Council and shall be reimbursed for expenses incurred by the member in the discharge of the member's duties.

(8) The minister may appoint a secretary to an appeal board, or, where there is more than 1 appeal board, a secretary common to all appeal boards, and the minister shall determine the remuneration a secretary shall receive.

(9) The minister may, by order, prescribe rules of procedure for an appeal board.

(10) For the purposes of holding an inquiry or hearing under this or another Act or under a regulation made under this or another Act, an appeal board has all the powers of a commissioner under the Public Inquiries Act.

(11) In the conduct of an inquiry or a hearing before it an appeal board is not bound by the technical rules of evidence.

(12) Where necessary in an inquiry, hearing or other matter before it, an appeal board or a person appointed by it may enter upon land or other property for the purpose of inspecting it.

RSN1970 c387 s8; 1982 c26 s2

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Appeals to board

8. (1) An appeal board shall hear, decide and issue orders respecting appeals in cases where, under this Act, or the regulations made under subsection 12(2) or section 63 or under another Act or regulations, an appeal board is required to do so.

(2) A person may appeal to an appeal board from a decision of an authorized administrator.

(3) An appeal made under this section shall be filed with the appropriate appeal board within 30 days after a decision of the authorized administrator.

(4) An appeal shall be made in writing and shall include

(a) a summary of the decision of the authorized administrator appealed from; and

(b) the grounds of the appeal.

(5) An appeal board shall ensure that reasonable notice of a hearing of an appeal is given to persons who, in its opinion, may be affected by the subject matter of the appeal.

(6) An appeal board may meet as often as it considers necessary to conduct its work in an expeditious manner.

(7) An appellant, an authorized administrator, and another person affected by the subject of an appeal or their respective representatives may appear before the appeal board and make representations concerning the matter under appeal.

(8) An appeal board in arriving at a decision may inform itself about the subject matter of the appeal in the manner it thinks appropriate and that it considers necessary to arrive at a decision.

(9) An appeal board shall consider and determine appeals in accordance with the intent of the Act and regulations and a scheme or plan that has been adopted and having regard to the circumstances and merits of the particular case.

(10) In determining an appeal an appeal board may confirm, reverse or vary the decision appealed from and may impose those conditions or limitations that it thinks appropriate in the circumstances.

(11) The decision of a majority of the members of an appeal board present shall be the decision of the board.

(12) The appeal board shall notify the appellant and the authorized administrator in writing of the decision of the appeal board.

(13) A decision of an appeal board is final.

1982 c26 s3

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Development may not proceed

9. Where an appeal from a decision of an authorized administrator is made under section 8, the development concerned shall not proceed pending a decision of the appeal board.

1982 c26 s4

PART II
MUNICIPAL PLANS

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Municipal plan

10. (1) A council may by resolution propose to prepare a municipal plan in accordance with this Act.

(2) Where a resolution is passed under subsection (1) the council concerned shall apply to the minister requesting him or her to define the area to be comprised in the proposed municipal plan.

(3) Where a council makes an application under subsection (2) it shall forward to the minister with the application

(a) a copy of the resolution passed in accordance with subsection (1) and certified by the mayor or the chairperson of the council to have been passed;

(b) a description of the whole of the area in respect of which the application is made; and

(c) a statement of the arrangements that the council has made or proposes to make for

(i) the preparation of the municipal plan, and

(ii) the administration of interim development control.

RSN1970 c387 s11; 1982 c26 s5

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Definition of area

11. (1) The minister may, upon the receipt of an application made in accordance with section 10, define the area to be comprised in the municipal plan.

(2) When defining an area in accordance with subsection (1) the minister may include in the area defined land outside of the municipality concerned which in the opinion of the minister is necessary to enable the council

(a) to exercise control over a development relating to the municipality that may occur beyond its boundaries;

(b) to control watersheds for the purposes of municipal water supply, whether within, or outside of its boundaries; or

(c) to control the amenities of the municipality.

RSN1970 c387 s12

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Interim development order

12. (1) Where a municipal planning area has been defined under section 11, the Lieutenant-Governor in Council may by order

(a) suspend the operation of the whole or a part of an existing Act, proclamation, regulation, ordinance, by-law or other law relating to the municipal planning area; and

(b) authorize the council concerned to exercise interim control over a development within the municipal planning area until the land use zoning and subdivision regulations referred to in section 36 are brought into force.

(2) The Lieutenant-Governor in Council may, when making an order under subsection (1) or later, make regulations

(a) prohibiting the development of land or the erection of a house or building in the municipal planning area without the approval of the authorized council;

(b) prescribing that an application for the development of land within the municipal planning area shall not be approved by the authorized council unless it conforms with standards or with an outline plan of the municipal planning area designated in the regulations;

(c) providing for the issuing by the authorized council of conditional consent in respect of specified forms of land development or erections or in respect of specified localities in the municipal planning area;

(d) providing for the approval by the authorized council for a limited period of the development of land or the erection of a house or building in the municipal planning area;

(e) providing that in respect of approval given by the authorized council by regulations made under paragraph (c) or (d) the authorized council may, where the conditions have not been fulfilled or where the period specified has expired, order the development or erection to be discontinued and the land in respect of which the conditional or temporary approval was given to be restored to its former state;

(f) providing for the exercise by the authorized council of other powers which in the opinion of the Lieutenant-Governor in Council are necessary or desirable for the purpose of this Act;

(g) providing for appeals to the appropriate appeal board against a decision of an authorized council made under a regulation made under this section; and

(h) prescribing the manner in which an order made under this section is to be administered with respect to the control of interim development.

(3) In regulations made under subsection (2) the Lieutenant-Governor in Council may limit the application of the regulations to developments specified in the regulations or may exempt from the application of the regulations, developments or a class of developments specified in them and may provide further that the regulations shall apply generally throughout the municipal planning area, or in a part of it.

RSN1970 c387 s13; 1982 c26 s6

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Preparation of municipal plan

13. When an interim development order is made under section 12 the authorized council shall prepare or arrange for the preparation of a scheme of development in the municipal planning area to be known as the municipal plan and shall forward to the minister the municipal plan completed in accordance with section 14 within 5 years of the date of an interim development order made under subsection 12(1).

RSN1970 c387 s14; 1977 c39 s1

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Municipal plan

14. (1) A municipal plan

(a) shall be prepared under the direction of qualified planning officers or qualified planning consultants who shall be appointed by the authorized council and be responsible to it, and shall have been first approved by the minister; and

(b) shall be prepared on the basis of surveys and studies of land use, population growth, the economic base of the municipality, its present and future transportation and communication needs, public services, social services and other factors that are relevant to the preparation of a municipal plan.

(2) A municipal plan shall contain proposals for the general development of the municipal planning area that can be foreseen for a period not exceeding 10 years from the date of the completion of the municipal plan and shall be designed to co-ordinate the public purposes of the authorized council that bear upon urban development so as to achieve the common well-being of the community and to conserve the financial and material resources of the municipal planning area and shall contain

(a) a plan showing

(i) the proposed network of streets sufficient to carry the volume of traffic over them or reasonably to be anticipated,

(ii) the proposed division of the land in the municipal planning area into areas of permitted land use classes that the authorized council considers necessary for the purposes of the municipal plan,

(iii) the delineation of areas for comprehensive redevelopment;

(b) proposals relating to the provision of public roadways, services, public buildings, schools, parks and recreation areas and the reservation of land for these and other public and community purposes;

(c) proposals as to the content of land use zoning regulations, and other regulations or schemes required in order to put the municipal plan into effect;

(d) a proposed program of public works relating to streets, public buildings, public open spaces and utilities which should be undertaken by the appropriate authorities during the period covered by the municipal plan in order to implement the municipal plan and a timetable indicating when the public works should be completed and an estimate of the capital cost of the works;

(e) a program setting out the order in which a part of the development provided for in the municipal plan is to be carried out and the order in which designated parts of the area included in the municipal plan is to be supplied with light, water and sewage, streets, transit and other facilities; and

(f) a proposal showing in detail the method of financing works and expenses to be incurred in connection with or incidental to the carrying out of the development contemplated in the municipal plan

and shall include other written statements, reports, charts and drawings that may be necessary to express and illustrate the proposals contained in the municipal plan.

RSN1970 c387 s15

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Adoption of municipal plan

15. (1) When the municipal plan is completed in accordance with this Act, the authorized council shall consider it and if it is found satisfactory shall adopt it by resolution.

(2) Before the municipal plan is adopted in accordance with subsection (1), 2 copies shall be sent to the Director of Urban and Rural Planning who shall advise the authorized council as to the form and content of the municipal plan and its conformity with this Act.

(3) When a municipal plan is adopted in accordance with subsection (1), 2 copies of it shall be impressed with the seal and signed by the chairperson of the authorized council.

RSN1970 c387 s16; 1977 c39 s2

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Notice of adoption of municipal plan

16. (1) An authorized council shall, when a municipal plan prepared by it has been adopted, give notice of its intention to seek the approval of it by the minister and the notice shall be given by 1 publication in the Gazette and by advertisement inserted at least once a week for 2 successive weeks in a newspaper published or circulating in the area affected, and the publication in the Gazette and the 1st advertisement in the newspaper shall be published at least 4 clear weeks before the date fixed for the hearing of objections referred to in section 17.

(2) The notice shall state a place where, and hours during which, the municipal plan referred to in subsection (1) shall be inspected by an interested person and the time and place set for the hearing of objections referred to in section 17.

(3) The authorized council shall make suitable provision for inspection of the municipal plan referred to in subsection (1) by interested persons during the period from the 1st publication of the notice referred to in that subsection until the date of the hearing of objections referred to in section 17.

RSN1970 c387 s17

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Arrangements for public hearing

17. (1) When an authorized council has adopted a municipal plan by resolution in accordance with section 15, the minister shall, upon application of the authorized council, set a day, hour and place for the holding of a public hearing to consider objections or representations to the municipal plan or a part of it which may be raised or made by a person, corporation, partnership or association.

(2) The date referred to in subsection (1) shall be fixed sufficiently far in advance to allow the authorized council a reasonable time in which to arrange for the 1st publications of the notice referred to in section 16 at least 1 month before the date of the public hearing.

(2) The public hearing shall be held at some place within the jurisdiction of the authorized council.

RSN1970 c387 s18; 1977 c39 s3

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Appointment of commissioner

18. (1) The public hearing referred to in section 17 shall be held by a commissioner to be appointed by the minister and the minister shall appoint 1 other person that he or she may consider necessary to help the commissioner in holding the public hearing and completing the report on it and the minister shall fix the remuneration to be paid to the commissioner and to the other persons.

(2) The authorized council shall pay, within 30 days of receiving a notice from the minister to do so, a sum that may, upon the completion of the public hearing, be found necessary fully to defray the total cost of and incidental to the public hearing.

(3) Upon the completion of the public hearing and the receipt by the minister of the report of the commissioner and the copies of the evidence referred to in section 22 prepared in a manner satisfactory to the minister, the authorized council shall pay to the commissioner and to the persons appointed to assist him or her the remuneration that was fixed by the minister under subsection (1) together with reasonable expenses incurred by them, and shall pay other expenses of and incidental to the public hearing.

(4) The remuneration and expenses shall be a 1st charge against the authorized council which may be enforced by the minister in his or her official name and style.

RSN1970 c387 s19

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Filing of objections

19. A person, corporation, partnership or association who or which wishes to have objections or representations to the municipal plan or a part of it considered at the public hearing shall, at least 5 days before the date set for the public hearing, deposit with the clerk or secretary of the authorized council 2 copies of a signed statement of his or her written objections or representations.

RSN1970 c387 s20; 1977 c39 s4

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Public hearing

20. (1) On the day and hour and at the place fixed by the minister under this Act, the commissioner appointed for the purpose shall proceed to conduct the public hearing and shall hear objections or representations taken or made in accordance with this Act and may hear a person raising or making an objection or representation on oath or affirmation.

(2) Where no objection or representation is deposited with the clerk of the authorized council by the end of the 5th day before the date set for the public hearing, the minister may order that the public hearing not be held and the clerk of the authorized council shall immediately send to the minister an affidavit stating that no objection or representation was received.

1982 c26 s7

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Powers of commissioner

21. (1) A commissioner appointed under this Act for the purposes of a public hearing has power to summon a witness and to require the witness to give evidence orally or in writing upon oath or affirmation and to produce those documents and things that may be considered necessary to the public hearing.

(2) A commissioner referred to in subsection (1) has the same power to enforce the attendance of witnesses and to compel them to give evidence as is possessed in a court of law in civil cases, and a false statement made by a witness on oath or affirmation is punishable in the same manner as perjury.

RSN1970 c387 s22

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Commissioner to forward report to minister

22. (1) When a public hearing held under this Act is completed, the commissioner conducting it shall forward to the minister a written report in duplicate together with 2 copies of evidence taken at the public hearing.

(2) In the written report to be forwarded by the commissioner under subsection (1) he or she shall set out in full detail the recommendations respecting objections or representations considered by the commissioner at the public hearing together with his or her reasons and a statement showing objections and representations that came to his or her notice but which were not considered together with the reasons why they were not so considered.

RSN1970 c387 s23; 1977 c39 s6

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Application to minister for approval of municipal plan

23. (1) When the public hearing is completed or where the clerk of the authorized council has forwarded to the minister an affidavit under subsection 20(2), the authorized council shall apply to the minister for approval of the municipal plan.

(2) The application to the minister for approval of the municipal plan shall be accompanied by

(a) 2 copies of the municipal plan, certified correct by the clerk of the authorized council;

(b) a copy of the adopting resolution so certified; and

(c) a copy of written objections and representations to the municipal plan.

RSN1970 c387 s24; 1977 c39 s7; 1982 c26 s8

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Approval by the minister

24. (1) The minister may, upon considering a municipal plan, together with a report of the public hearing relating to it and the evidence taken at the public hearing, approve or disapprove the municipal plan, or may approve it subject to those amendments and qualifications that may appear to the minister to be necessary or desirable.

(2) Where the minister considers it necessary to disapprove a municipal plan or to approve it subject to amendments and qualifications

(a) where he or she disapproves it in the main or as a whole the minister may direct that it be cancelled and a new plan prepared; and

(b) where he or she amends or qualifies it in part only, the minister may direct a supplementary hearing upon the matters affected by the change, and may direct the commissioner to give a hearing on the change either to citizens generally or to the part of the community that the minister considers to be especially affected by the change.

RSN1970 c387 s25

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Publication of approval of minister

25. Within 10 days of the receipt of final approval by the minister of the municipal plan, the authorized council shall publish a notice of the approval in the Gazette and in 1 issue of a newspaper published or circulating in the area affected, and shall within 10 days after publication forward a copy of each publication to the minister.

RSN1970 c387 s26

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Variation, etc., of municipal plan

26. (1) A municipal plan may be amended or revoked in whole or in part by the authorized council, but the amendment or revocation shall have no effect unless approved by the minister.

(2) The procedure set out in this Act shall apply to an amendment or revocation of the municipal plan as if the amendment or revocation were the municipal plan; and an amendment or revocation shall be read together with and form part of the municipal plan to which it relates.

RSN1970 c387 s27; 1982 c26 s9

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Time when municipal plan takes effect

27. A municipal plan or an amendment or revocation of it or a further plan or scheme shall take effect from the date of the publication in the Gazette, as required by section 25, of the approval to it of the minister.

RSN1970 c387 s28

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Municipal plan binding upon municipality

28. From the time when a municipal plan or a further plan or scheme prepared for the purposes of a municipal plan and approved and brought into effect under this Act takes effect it shall be binding upon the authorized council and upon other persons, corporations, partnerships, associations or other organizations.

RSN1970 c387 s29

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Review of municipal plan

29. (1) A municipal plan shall be reviewed by the authorized council on the expiration of every 5 years from the date on which the municipal plan came into effect and revised as necessary according to the developments which can be foreseen during the next 10 years.

(2) Where a revision of a municipal plan becomes necessary it shall be amended in accordance with this Act.

RSN1970 c387 s30

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Development schemes

30. (1) After the adoption of a municipal plan the authorized council may prepare and adopt a development scheme for the purpose of

(a) ensuring that a proposal contained in the municipal plan will be carried out or will be carried out in a particular manner;

(b) amplifying the details of the proposal; and

(c) carrying out local improvement schemes.

(2) The authorized council, by a development scheme, may

(a) provide for the acquisition, assembly, consolidation, subdivision and sale or lease by the municipality of land and buildings that are necessary to carry out the development scheme;

(b) reserve land for future acquisition as the site or location of a public roadway, service or building or for a school, park or other open space and make agreements with the owners of the land that will permit its acquisition and use for those purposes;

(c) specify the manner in which a particular area of land is to be used, subdivided, or developed, and regulate or prohibit the construction of buildings that would interfere with the carrying out of the development scheme; and

(d) make available land for agricultural, residential, commercial, industrial, or other uses.

(3) A development scheme shall describe and set out

(a) the manner in which the scheme is intended to implement a proposal or part of a proposal contained in the municipal plan;

(b) the land affected by the scheme;

(c) the details of

(i) the development to be carried out, and

(ii) land to be reserved and the manner in which the reservation is to be effected, or

(iii) the manner in which land affected by the scheme is to be subdivided; and

(d) other pertinent information.

RSN1970 c387 s31; 1982 c26 s10

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Adoption of development schemes

31. The procedure set out in sections 15 to 27 inclusive shall apply to a development scheme as if the development scheme were the municipal plan and a development scheme shall be read together with and form part of the municipal plan to which it relates.

RSN1970 c387 s32

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Acquisition of lands and buildings

32. (1) Where a municipal plan or a further plan or scheme comes into force, the authorized council may acquire by expropriation or otherwise lands or buildings the acquisition of which is essential to the carrying out of the plan or scheme, together with lands

(a) that are the remnants of parcels, portions of which are necessary for carrying out the plan or scheme; or

(b) that may be injuriously affected by the plan or scheme.

(2) An authorized council may dispose of lands acquired for the purpose of a municipal plan or a further plan or scheme subject to a building or other restriction that may be set out in the municipal plan or a further plan or scheme.

(3) An expense incurred by an authorized council in acquiring lands or taking other action for the purposes of a municipal plan or a further plan or scheme shall be met as part of the cost of the municipal plan or a further plan or scheme, and the proceeds of a sale or other disposition of the lands so acquired shall be applied against the cost of the municipal plan or a further plan or scheme.

RSN1970 c387 s33

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Development lines

33. (1) Where a municipal plan is brought into effect the authorized council may prepare and adopt by resolution of the authorized council plans of development lines showing clearly land required for

(a) new streets and additions to and widening of existing streets;

(b) public open spaces; and

(c) public buildings, utilities and other matters,

and the development lines shall be prepared in strict conformity with the municipal plan.

(2) Plans of development lines adopted by an authorized council in accordance with subsection (1) shall be forwarded to the minister for approval.

(3) The minister may give or withhold approval or give qualified approval to a plan forwarded to him or her under subsection (2) in the same manner that is provided by this Act in respect of a municipal plan.

(4) The authorized council shall publish in the Gazette notice of approvals given by the minister under subsection (3).

(5) A plan approved by the minister under subsection (3) shall take effect from the date of publication, in accordance with subsection (4), of the notice of the approval of the minister relating to it.

RSN1970 c387 s34

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New use of land within development lines

34. From the time when a plan of development lines is brought into effect a new use of land or erection of a building or structure on land within the development lines shall not entitle the owner of the land to compensation for injurious affection if the land is later expropriated under this Act.

RSN1970 c387 s35

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Amendment or revocation of plan

35. A plan or development lines approved by the minister under this Act may later be amended or revoked in the same manner that the plan was brought into effect and the amendment or revocation shall be read together with and form part of the plan.

RSN1970 c387 s36; 1982 c26 s11

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Control and use of land

36. (1) Where the municipal plan comes into effect the authorized council shall develop fully a scheme for the control of the use of land in strict conformity with the municipal plan or a further plan or scheme and shall prepare

(a) land use zoning regulations;

(b) subdivision regulations; and

(c) other regulations in compliance with the requirements of Part VIII of this Act that the authorized council may consider necessary.

(2) Regulations made under subsection (1)

(a) shall be administered and enforced by the authorized council;

(b) may by order be amended by the minister to conform to Part VIII of this Act or as directed by the Lieutenant-Governor in Council; and

(c) may provide for the appointment of a local board of appeal by the authorized council and establish the powers and rules of procedure of that board.

RSN1970 c387 s37; 1975 No31 s8; 1982 c26 s12

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Submission to board

37. Before the scheme referred to in section 36 is adopted by resolution of the authorized council 2 copies of it shall be sent to the Director of Urban and Rural Planning who shall advise the authorized council as to the form and content of the scheme and its conformity with this Act.

RSN1970 c387 s38; 1977 c39 s8

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Submission to minister

38. (1) The authorized council shall submit a scheme adopted or regulations made under section 36 to the minister for approval.

(2) The minister may approve or disapprove a scheme or regulations submitted to him or her for approval under subsection (1), or may approve a part of the scheme or regulations, subject to the qualifications that may appear to the minister to be necessary or desirable.

(3) A notice of an approval given by the minister under this section shall be published in the Gazette and in a newspaper having general circulation in the area.

(4) Regulations approved by the minister under subsection (2) shall come into effect on the date of publication in the Gazette of a notice to that effect.

1982 c26 s13

PART III
JOINT MUNICIPAL PLANS

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Joint planning area

39. (1) Where it appears to be necessary or desirable, the minister may, upon the application of 1 or more councils, declare an area consisting of 1 or more municipalities or municipal planning areas or a part of them and the land referred to in subsection (2) to be a joint planning area and may define its boundaries.

(2) In determining the boundaries of a joint planning area the minister may include at his or her own discretion land outside of the municipalities concerned which appears to the minister to be

(a) adjacent to the municipalities concerned and the probable extension of it;

(b) necessary to control watersheds;

(c) necessary to insure control over the countryside surrounding the municipalities or a part of them included in the joint planning area; or

(d) so situated that its development would affect the natural amenities existing or to be developed in the municipalities concerned or in the joint planning area.

(3) An application made to the minister under subsection (1) shall be preceded by a resolution to enter a joint municipal plan passed by every council making the application.

(4) A council making an application under subsection (1) shall forward to the minister with the application

(a) a copy of the resolution to plan certified by the chairperson of the council; and

(b) a description of the whole municipal planning area in respect of which the application is made.

RSN1970 c387 s42; 1982 c26 s16

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Constitution of joint planning authorities

40. (1) Where a joint planning area is defined by the minister under section 39 the Lieutenant-Governor in Council may, by order, constitute a joint planning authority to administer the joint planning area consisting of the number of persons to represent the province and the municipalities concerned that the Lieutenant-Governor in Council may consider necessary or desirable, and the joint planning authority when so constituted shall be a corporation.

(2) An order constituting a joint planning authority shall specify

(a) the municipalities that are to be represented on the authority and the name of the authority;

(b) the number of members to be appointed to the authority by each represented municipality; and

(c) the members to be appointed to the authority by the minister to represent the province.

(3) The order shall include regulations

(a) governing the organization of the authority, the holding of its meetings and the transaction of its business in general; and

(b) prescribing the proportion in which the funds required to meet the estimated annual expenses of the authority are to be contributed by the province and the represented councils.

(4) The financial year of a joint planning authority shall be the 12 month period beginning on April 1.

(5) Before November 2 in each year, a joint planning authority shall submit to its members and to the minister

(a) a report on its operations and activities during the preceding financial year; and

(b) in the standard form that the minister may prescribe, a statement of the income and expenditures, assets and liabilities of the authority for the preceding financial year and an estimate of income and expenditure for the succeeding year.

RSN1970 c387 s43

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Municipal representation

41. (1) The council of a municipality represented on a joint planning authority shall

(a) pay to the authority the funds required of it to meet the expenses of the authority, as determined under the regulations governing the authority; and

(b) appoint, by resolution, the members required by the regulations governing the authority to be appointed to represent the municipality on the authority.

(2) Where a municipality is represented by 1 member, that member shall be a member of the municipal council.

(3) Where a municipality is represented by more than 1 member, 1 member shall be a member of the municipal council and another member may be

(a) a member of the council; or

(b) a resident of the municipality who is not a municipal official.

RSN1970 c387 s44

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Delegation of duties

42. The council of a municipality represented on a joint planning authority may delegate to the authority the function of administering the provisions of a joint plan or development scheme but only where those provisions are determined by the authority to be of common concern to 2 or more municipalities represented on the authority.

RSN1970 c387 s45

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Joint planning authority

43. A joint planning authority

(a) shall advise and help the council of a municipality represented on the authority

(i) in the planning of orderly and efficient development of the municipality, and

(ii) on matters affecting the planning of orderly and efficient development that are of common concern to the municipality and another municipality or the province;

(b) shall prepare a joint municipal plan for the joint planning area under its jurisdiction; and sections 12, 13, 14 and 29 shall apply to the joint planning authority, the joint planning area and the joint municipal plan as if the joint planning authority were an authorized council, the joint planning area were a municipal planning area and the joint municipal plan were a municipal plan;

(c) shall when so requested, prepare and recommend to the council of a municipality represented on the authority the schemes, plans, or regulations referred to from section 30 to section 38, inclusive;

(d) shall exercise those rights and powers and perform those duties relating to the planning and control of development that are

(i) vested in it by the Lieutenant-Governor in Council, or

(ii) delegated to it by resolution of the council of a municipality represented on the authority;

(e) may spend the funds provided to it by the municipalities represented on the authority and by the province for the purposes of the authority; and

(f) may with the approval of the minister appoint the planning officers and other employees and the consultants that the authority considers necessary for its purposes.

RSN1970 c387 s46

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Duties of a municipality

44. A council of a municipality represented on a joint planning authority shall when a joint municipal plan has been prepared in accordance with paragraph 43(b) take action in accordance with section 15 to section 38 inclusive in respect of that part of the joint planning area which constitutes the municipal planning area of the municipality concerned as if that portion of the joint municipal plan were a municipal plan and the council were an authorized council under this Act.

RSN1970 c387 s47

PART IV
LOCAL AREA PLANS

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Local planning area

45. Where it appears to be necessary or desirable, the minister may declare an area outside of a municipal planning area and outside of a joint planning area to be a local planning area and may define its boundaries.

RSN1970 c387 s48

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Preparation of local area plan

46. The minister shall, when a local planning area has been defined, arrange for the preparation of a plan to be known as a local area plan for the physical development and improvement in a systematic and orderly manner of the local planning area based primarily upon public convenience and general welfare, economic use of the land, improved facilities for traffic, transportation, sewage disposal, water supply, schools, parks and recreation and other public requirements.

1982 c26 s17

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Approval of the minister to be obtained

47. (1) When a local area plan is prepared under section 46 the minister may approve or disapprove it or may approve it subject to qualifications which the minister may consider necessary or desirable.

(2) A notice of an approval given by the minister under subsection (1) shall be published in the Gazette.

(3) A local area plan approved by the Minister under subsection (1) shall come into force on the date the notice of approval is published in the Gazette.

RSN1970 c387 ss50&51; 1982 c26 s18

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Review of local area plan

48. Every 5 years from the date on which a local area plan comes into effect the minister shall order a review of the plan to be reviewed and a report on its effectiveness to be submitted to him or her together with recommendations for revision of the plan where revision appears to be desirable.

1982 c26 s19

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Revision of local area plan

49. (1) The minister may approve or disapprove a recommendation made for revision of the local area plan under section 48 or may approve the recommendation subject to qualifications which he or she considers necessary or desirable.

(2) Where a revision of a local area plan is in the opinion of the minister necessary or desirable, the local area plan shall be amended in accordance with this Act.

RSN1970 c387 s54

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Act applies to local area plan

50. When a local area plan is brought into effect under this Act, the minister shall appoint an authorized administrator to implement and enforce the local area plan and, unless the minister otherwise directs, this Act shall, for the purpose of carrying out all of the objects of the local area plan, apply to the authorized administrator, the local planning area, the local area plan and to every person as if the authorized administrator were an authorized council, the local planning area were a municipal planning area and the local area plan were a municipal plan.

1982 c26 s20

PART V
REGIONAL PLANS

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Regional planning area

51. Where it appears to be necessary or desirable the minister may declare an area to be a regional planning area and may define its boundaries.

RSN1970 c387 s57

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Preparation of regional plan

52. The minister shall, when a regional planning area has been defined, order a plan to be known as a regional plan to be prepared.

1982 c26 s22

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Requisites of regional plan

53. A regional plan

(a) shall be prepared on the basis of surveys and studies of land use, population growth, the economic base of the regional planning area, its transportation and communication needs, public services, social services and other factors that are relevant to the preparation of a regional plan;

(b) shall include written statements, reports, charts and drawings that may be necessary to express and illustrate the proposals contained in the regional plan; and

(c) may include

(i) a map showing the division of all or part of the land in the regional planning area into areas of permitted land use classes as the board considers necessary for the purposes of the regional plan,

(ii) a schedule prescribing the uses of lands and buildings to be permitted within each of those areas,

(iii) proposals relating to the provision of highways, public roadways, services, public buildings, schools, parks and recreation areas and the reservation of land for these purposes,

(iv) a schedule setting out the sequence in which specified areas may be developed or redeveloped and in which the public services and facilities should be provided;

(v) proposals relating to the financing and programing of public development projects and capital works to be undertaken by the municipalities or other public authorities having jurisdiction within the regional planning area,

(vi) proposals relating to the conservation of natural resources, the prevention of pollution of streams and bodies of water, the control of flooding and the use of land and resources within the regional planning area,

(vii) proposals relating to the supply of water and the provision of sewage facilities or other public services within the regional planning area,

(viii) proposals relating to the location, attraction, development, diversification and dispersal of industry within the regional planning area and proposals to facilitate the development of industrial enterprises especially adapted to the economic base and resources of the regional planning area,

(ix) proposals relating to the adjustment of boundaries between municipalities and communities,

(x) other proposals or matters which in the opinion of the board are necessary or desirable.

RSN1970 c387 s59

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Approval of minister to be obtained

54. (1) When a regional plan is submitted to him or her, the minister, with the approval of the Lieutenant-Governor in Council, may approve or disapprove it or may approve it subject to qualifications which the minister may consider necessary or desirable.

(2) A notice of approval by the minister under subsection (1) shall be published in the Gazette.

(3) A regional plan approved by the minister shall come into effect on the date of publication of a notice to that effect in the Gazette.

RSN1970 c387 ss60&61; 1977 c39 s11

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Review of regional plan

55. Every 5 years from the date on which a regional plan comes into effect the minister shall order a review of the plan and a report on its effectiveness to be submitted to him or her together with recommendations for revision of the regional plan where revision appears to be desirable.

1982 c26 s23

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Revision of regional plan

56. (1) The minister, with the approval of the Lieutenant-Governor in Council, may approve or disapprove a recommendation made for revision of the regional plan under section 55 or may approve the recommendation subject to qualifications which the minister considers necessary or desirable.

(2) Where a revision of a regional plan is in the opinion of the minister necessary or desirable the regional plan shall be amended in accordance with this Act.

RSN1970 c387 s64; 1977 c39 s12

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Approval of regional plan

57. (1) When a regional plan is approved, the Lieutenant-Governor in Council may make an order to be known as a regional development order

(a) prohibiting public authorities and other persons, corporations, partnerships, associations and other organizations from taking an action or undertaking a development that conflicts with or is inconsistent with the regional plan; and

(b) authorizing the minister to make regulations consistent with this Act for the implementation and enforcement of the regional plan and to appoint an authorized administrator to administer and enforce them.

(2) In an order made under subsection (1) the Lieutenant-Governor in Council may limit the application of the order or a provision of it to developments or a class of developments specified in the order or may exempt from the application of the order or a provision of it developments or a class of developments specified in it, and may provide further that the order or a provision of it shall apply generally throughout the regional planning area or in a part of it.

RSN1970 c387 s65; 1982 c26 s24

PART VI
PROTECTED AREAS

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Protected area

58. The Lieutenant-Governor in Council may declare an area of natural beauty or amenity to be a protected area where in his or her opinion control should be exercised over development in order to preserve the natural amenities of the area.

RSN1970 c387 s66

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Preparation of plans for protected area

59. When a protected area has been declared, the minister may authorize the preparation of plans and schemes that he or she considers necessary for the conservation and development for public use of the natural amenities of the area.

RSN1970 c387 s67

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Protected area order

60. Where a plan or scheme is prepared under section 59 the Lieutenant-Governor in Council may make an order to be known as a protected area order

(a) prohibiting public authorities and other persons, corporations, partnerships, associations or other organizations from taking an action or undertaking a development that conflicts with or is inconsistent with the plan or scheme;

(b) authorizing the minister to make regulations consistent with this Act for the implementation and enforcement of the plan or scheme; and

(c) appointing an authorized administrator to administer and enforce the regulations.

1982 c26 s25

PART VII
PROTECTED ROADS

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Protected road

61. The Lieutenant-Governor in Council may by order designate an existing or proposed highway, road or way as a protected road for the purpose of controlling development along the highway, road, or way.

RSN1970 c387 s69

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Regulations

62. (1) The Lieutenant-Governor in Council may make regulations and may establish building control lines on each side of a protected road for the purposes of controlling development alongside protected roads.

(2) Where regulations are made under subsection (1), the minister is responsible for their enforcement.

1982 c26 s26

PART VIII
REGULATIONS

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Regulations

63. (1) The minister may, subject to the approval of the Lieutenant-Governor in Council, make, or, as required by this Act, the minister may approve, regulations generally to give effect to the purpose of this Act.

(2) Regulations shall be made for the purpose of regulating, controlling, directing, prohibiting, or licensing development and controlling and directing the design, subdivision and appearance, and the maintenance, use and occupancy of buildings, land and development.

1982 c26 s27

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Regulations

64. Regulations made under this Act may

(a) require the issuing of permits or licences in respect of anything done or permitted to be done under this Act;

(b) fix the fees to be charged for permits or licences issued under paragraph (a);

(c) provide for conditions to be attached to the permits or licences, the issuing of temporary permits or licences, and the revocation of permits or licences;

(d) apply generally or may relate to 1 or more specific classes of development or land and in 1 or more areas may differ from those in other areas;

(e) notwithstanding paragraph 36(2)(a), be administered and enforced by the minister or by an authorized administrator appointed by the minister and where the appointment is made, provisions may also be included in the regulations for appeal to the appropriate appeal board;

(f) provide for the exercise of discretion by the authority charged with the administration of the regulations where literal conformity with the regulations would prejudice the proper development of land or be contrary to the best interests of the public, provided that the limits of the discretion and the circumstances under which it may apply are clearly set out in the regulations;

(g) provide for outline planning permission to be granted, where appropriate, for the erection, alteration or conversion of a building, subject to the subsequent approval by an authorized administrator of matters not particularly stated in the application but for which further application will be received not later than 2 years from the grant of outline planning permission;

(h) require developers, where the use of land is discontinued or the intensity of its use is decreased, to remove works and buildings and to reinstate the site or to carry out those works that may be necessary to make it suitable for future public use;

(i) require the payment of a service levy where development is made possible, where density of potential development is increased, or the value of property is enhanced by the carrying out of a public work either on or off the developed site; and

(j) provide for the holding of a cash deposit and the management of a sinking fund required under subsection 66(1).

1982 c26 s27

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Dedication of land for public use

65. (1) Regulations made under this Act may require the dedication of a percentage of the land area of a subdivision or other development for public use, and the land shall be conveyed to the authority administering the regulations.

(2) Where the authorized administrator and the owner of lands dedicated to public use under subsection (1) cannot agree as to the cost of the lands, the cost shall be fixed by a board of arbitrators, as if the lands were expropriated under section 71, and where the lands are so dedicated by 2 or more owners, subsections 87(5) and (6) shall apply.

(3) The cost of lands dedicated to public use under subsection (1) shall be divided proportionately and equitably among and borne by owners whose lands are directly benefitted by the subdivision or development.

(4) Where there are 2 or more owners whose lands are directly benefitted by a subdivision or development and the owners do not agree as to the division between them of the cost of lands dedicated to public use under subsection (1), the division of the cost shall be fixed and determined by the board of arbitrators acting under subsection (2).

(5) Land dedicated for public use may be sold or leased by the authority administering the regulations for the purposes of a development that conforms with the requirements of a plan or scheme approved under this Act, and the proceeds of a sale or other disposition of the land shall be applied against the cost of acquisition of other land required for public use.

RSN1970 c387 s75; 1982 c26 s28

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Development guarantees

66. (1) An authorized administrator administering regulations made under this Act may require a developer before starting a development to make those financial provisions that may be required to guarantee the payment of service levies, ensure site reinstatement and to enforce the carrying out of another condition attached to a permit or licence.

(2) The financial provisions required under subsection (1) may be in the form of

(a) a cash deposit from the developer, to be held by the minister or authorized administrator according to the regulations;

(b) a guarantee by a bank or other institution acceptable to the minister for expenditures by the developer;

(c) a performance bond provided by an insurance company or a bank; or

(d) an annual contribution to a sinking fund held by the minister or the authorized administrator as may be provided by the regulations.

1982 c26 s29

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Conflict of regulations

67. Where a regulation made under this Act conflicts with a regulation, rule, by-law, or order in the same connection made under another Act, the regulation made under this Act shall prevail.

RSN1970 c387 s76

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Coming into effect of regulations

68. Regulations made under this Act may be made with retroactive effect.

RSN1970 c387 s77

PART IX
DEVELOPMENT CERTIFICATES

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Development certificates

69. (1) In order to ensure that development in an area of the province or within the province as a whole takes place in an orderly manner, the Lieutenant-Governor in Council may by order declare that 1 or more specific classes of development in that area or within the province as a whole as specified in the order shall require a development certificate from the minister or another minister or person specified in the order, and may establish the terms and conditions under which a development certificate may be issued.

(2) A development certificate required under subsection (1) shall be in addition to a permit or licence that may be required under a regulation made under this or another Act.

(3) An order made under subsection (1) may require a development certificate to be issued for the class of development specified in the order notwithstanding that a permit or licence may not be required to be issued under regulations made under this or another Act.

1982 c26 s30

PART X
REFERENCE OF APPLICATIONS TO
MINISTER

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Applications referred to minister

70. (1) The minister may direct that an application submitted in accordance with the requirements of regulations made under this Act be referred to him or her instead of being dealt with by the authorized administrator administering the regulations.

(2) The minister shall only give a direction under subsection (1) where

(a) it is in the special interest of an area of the province or the province as a whole to do so and the direction is in relation to an application made in respect to

(i) a development proposed for a location, or

(ii) a class of development

designated as subject to this section by the Lieutenant-Governor in Council; or

(b) an application is in respect of a development relating to work or operations carried out for the purpose of finding, developing, extracting, transporting, or processing, petroleum, gas or petrochemicals.

(3) A direction under this section

(a) may be given either to a particular authorized administrator or to authorized administrators generally; and

(b) may relate either to a particular application or to applications of a class specified in the direction.

(4) An application in respect of which a direction under this section has been made shall be referred to the minister accordingly.

(5) Where an application is referred to the minister under this section, this Act and regulations shall apply, with the necessary changes, as they would apply to the application if it were to be determined by an authorized administrator.

(6) Before making a decision in relation to an application under this section, the minister shall, where either the applicant or the authorized administrator so wishes, give to each of them an opportunity of appearing before, and being heard by, a person appointed by the minister for that purpose.

(7) Where an application is referred to the minister under this section, the authorized administrator shall serve on the applicant notice of the terms of the direction under which it is so referred, and the notice shall contain a statement that the minister will give the applicant an opportunity of appearing before and being heard by a person appointed by the minister for that purpose.

(8) The decision of the minister on an application referred to him or her under this section shall be subject to the approval of the Lieutenant-Governor in Council and, where approved, shall be final and binding on the parties.

1982 c26 s30

PART XI
EXPROPRIATION AND COMPENSATION

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Minister may expropriate land

71. (1) Where in the opinion of the minister it is necessary to acquire land for the purposes of this Act, and

(a) the owner of the land or a person having an interest in it refuses to accept the sum of money that the minister or the authorized administrator on whose behalf the land is to be acquired offered for the purchase of the land;

(b) an agreement cannot be reached on the amount to be paid for the land or on other terms of the purchase of the land;

(c) the owner of the land is not known to the minister or cannot be found by the minister after reasonable inquiry;

(d) the owner of the land is incapable of conveying the land or his or her interest in it; or

(e) for another reason the minister thinks it advisable to expropriate the land

the minister may in accordance with this Act expropriate the land on behalf of the Crown or on behalf of the authorized administrator named in the notice of expropriation.

(2) Where the minister expropriates land on behalf of an authorized administrator, the authorized administrator may exercise all the powers conferred and shall carry out the duties and obligations imposed upon the minister by this Act, except for those set out in section 82.

RSN1970 c387 s78

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Application to the minister for expropriation

72. Where an authorized administrator requires land and wishes to have it expropriated the authorized administrator or its authorized representative shall apply to the minister for the expropriation of the land and together with the application shall submit to the minister a plan and description of the land to be expropriated and a statement of the purpose for which the land is required.

RSN1970 c387 s79

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Ascertaining of land to be expropriated

73. (1) The minister may by a person authorized by him or her for the purpose ascertain and delimit the land to be expropriated, whether for the Crown or for an authorized administrator, and for that purpose the person so authorized may enter upon land and do work necessary in the opinion of that person to ascertain and measure and obtain or prepare a plan and description of the land to be expropriated.

(2) The minister shall compensate the owner of land injuriously affected by an act done under this section and in default of agreement between the minister and the owner the amount of compensation shall be determined and paid in the same manner as nearly as may be and with the same effect as compensation is determined and paid under this Act.

RSN1970 c387 s80

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Notice of expropriation

74. (1) The minister shall

(a) serve a written notice on the owner of the land to be expropriated and on other persons who are known by the minister at the time when the notice is served to have an interest in the land; or

(b) where the owner is incapable of conveying the land or cannot be found in the province or is not known to the minister or where for another reason personal service cannot be conveniently effected, post a written notice in a conspicuous place on the land to be expropriated.

(2) A notice of expropriation shall

(a) contain a description of the land to be expropriated;

(b) state the purpose for which the land is required and that it is being taken for that purpose under this Act;

(c) name the authorized administrator on whose behalf the land is being expropriated and in whom title to the land will vest; and

(d) be signed by or for the minister.

RSN1970 c387 s81

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Owner may be required to file claim

75. (1) Where the notice of expropriation is served on the owner of the land which is being expropriated, the notice may require the owner to file a claim for compensation with the minister within the time after the date of service of the notice that the minister may fix in the notice, but the minister may extend the time for the filing that he or she thinks appropriate.

(2) Where the owner of the land which is being expropriated is required to file a claim for compensation under subsection (1) and does not do so within the time fixed in the notice or within the further period that the minister fixes, a board of arbitrators appointed under this Act may fix the amount of compensation to be paid and the award of the board is final.

RSN1970 c387 s82

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Publication of notice requiring claims to be filed

76. (1) The minister may, in addition to serving or posting a notice of expropriation, publish a notice in 1 or more newspapers published in the province and circulating in the area where the land which is being expropriated is located requiring persons who may be interested in the land to file a claim within 3 months after the date of the notice.

(2) After the expiration of 3 months from the publication of the notice referred to in subsection (1) a board may proceed to determine the amount of compensation payable in respect of the land expropriated; and a claimant who has failed to file a claim is bound by the award of the board.

RSN1970 c387 s83

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Where limited estate is required

77. Where land expropriated under this Act is required for a limited time only or where only a limited estate, right, or interest in the land is required, the notice of expropriation shall so indicate and the compensation payable in respect of that land shall be fixed accordingly.

RSN1970 c387 s84

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Rights of mortgagees and lien holders

78. (1) Where the land to be expropriated is subject to a mortgage or lien and the mortgagee or lien holder is known to the minister, a copy of the notice of expropriation shall be served on the mortgagee or lien holder.

(2) Where the claim of a mortgagee or lien holder has been proved to the satisfaction of the minister, the amount secured by the mortgage or lien shall be deducted from the compensation payable and be paid by the minister to the mortgagee or lien holder and the receipt of the mortgagee or lien holder is a valid discharge of the minister for the amount of the compensation paid in satisfaction of the mortgage or lien.

(3) An action does not lie against the minister for loss or damages suffered by the mortgagee or lien holder because of the failure of the minister to comply with this section.

RSN1970 c387 s85

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Error not to invalidate expropriation

79. (1) An error in a notice of expropriation does not invalidate the expropriation of the land

(2) A notice of expropriation may be amended and an amendment shall be served or posted and registered in accordance with this Act as if it were a notice of expropriation and shall be considered to have been served or posted at the same time as the notice of expropriation amended by it.

RSN1970 c387 s86

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Notice of expropriation where compensation agreed upon

80. (1) A notice of expropriation may be given under this Act where an agreement as to the compensation to be paid or given has been made between the minister and the person who in the opinion of the minister is the apparent owner of the land and where in the opinion of the minister title to the land cannot be conveniently or readily transferred by the apparent owner.

(2) This Act applies so far as it is necessary to expropriations made under subsection (1) and a notice of expropriation given under that subsection shall be posted in a conspicuous place on the land in addition to being served on the apparent owner.

(3) Where land is expropriated under subsection (1) no reference shall be made to a board where the apparent owner of the land establishes title to the land but, where it is found that the apparent owner is not the true owner of the land, compensation shall be assessed and paid to or in respect of the true owner in accordance with this Act.

RSN1970 c387 s87

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Vesting of title

81. (1) Ten days after a notice of expropriation is served or posted in accordance with this Act, the title to the land vests in the authorized administrator named in the notice of expropriation and where no authorized administrator is named in the notice the title to the land vests in the minister for and on behalf of the Crown.

(2) Where a person resists or opposes the minister or a person acting on his or her behalf in entering upon and taking possession of or exercising power in respect of expropriated land after the title to the land has vested under subsection (1), a judge of the court or a Provincial Court judge may, on proof of service of the notice of expropriation or of the posting of it on the land, order the sheriff or a peace officer to put down the resistance or opposition and to put the minister or some person acting on his or her behalf in possession of the land.

(3) The sheriff or peace officer shall carry out the order made under subsection (2) and shall immediately make a return to the judge of the court or Provincial Court judge stating the manner in which he or she executed the order.

RSN1970 c387 s88; 1974 No57 s38(264(oo));
1986 c42 Schs A&B

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Register of expropriations

82. The minister shall keep a register which shall contain the particulars of expropriations under this Act and of notices and awards which have been served, posted or made in connection with those expropriations.

RSN1970 c387 s89

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Registration of notices of expropriation

83. (1) A copy of a notice of expropriation upon which is endorsed or to which is attached an affidavit or a certificate of oath or affirmation in proof of service of the notice upon the owner of the land or of the posting of the notice as provided in this Act is considered to be included among the deeds and other documents to which reference is made in section 7 of the Registration of Deeds Act and the copy of the notice with the affidavit or certificate attached shall, notwithstanding a provision of that Act to the contrary, be registered in accordance with that Act without proof for registration and without payment of fees.

(2) The provisions of the Registration of Deeds Act relating to proof for registration of an instrument shall apply to proof of service or of posting of the notice as if the person serving or posting the notice were the signing witness to the execution of the instrument.

(3) The registration of the copy of the notice with the affidavit or certificate attached has the same effect as the registration of an instrument under the Registration of Deeds Act and for the purposes of section 10 of that Act the person in whom the title is vested under section 81 of this Act is considered to be a purchaser for valuable consideration.

(4) Entry by the Registrar of Deeds in the index to the books of registry of the names of the person or body upon whom the notice is served or upon whose land the notice is posted and of the person in whom the title is vested under section 81 as the parties, the situation of the land to which the notice relates, a description of the document as a notice of expropriation, the date of the service or posting of the notice and the place of registration constitutes compliance with section 29 of the Registration of Deeds Act, but where the name of the owner of the land is not known an entry to that effect shall be made instead of his or her name.

RSN1970 c387 s90

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Compensation to be paid

84. (1) The minister shall pay compensation to the owner of land expropriated and to the owner of land injuriously affected by the expropriation.

(2) Compensation shall not be paid under this Act

(a) in respect of the expropriation of a highway, road, street or other way which immediately before the expropriation was dedicated to the use of the public or vested in a municipal authority;

(b) to a municipal authority in respect of water pipes, hydrants or sewers erected or placed on, in, over or under land;

(c) in respect of a building where a public authority has under a law of the province declared the building to be uninhabitable and refused permission to repair it or ordered that the building be condemned or demolished; or

(d) in respect of land that is designated in an approved subdivision, under regulations made under this Act, for streets, parks, playgrounds or other public purposes.

(3) Where an assessment authorized by law has been levied on land that has been expropriated but has not been paid and the minister has notice of the assessment before compensation has been paid, the amount of the assessment shall be deducted from the compensation payable and be paid by the minister to the body levying the assessment and the receipt of that body is a valid discharge of the minister for the amount of the compensation paid in satisfaction of the assessment.

RSN1970 c387 s91

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Information supporting claims to be submitted to minister

85. (1) When a notice of expropriation has been served or posted under this Act, the person on whom it is served, the owner and other persons who are or may be entitled to claim compensation in respect of the expropriation or injurious affection resulting from the expropriation shall submit to the minister

(a) particulars of his or her estate and interest in the land expropriated or injuriously affected and of charges, liens or other encumbrances to which the land is subject;

(b) title deeds, plans and other documents in his or her possession or available to the person relating to the title to the land; and

(c) other information which the minister requests in connection with the land, the title to the land and his or her interest in it or in connection with the claim.

(2) Where a claimant fails to provide the minister with satisfactory proof of title the minister shall notify the claimant in writing that satisfactory proof of title has not been provided and the notification shall be served personally or by registered mail on the claimant within 30 days after the claimant files a claim with the minister.

(3) Nothing contained in this Act shall be considered to require the minister to make or arrange for the payment of compensation or the transfer of another matter provided by way of compensation under this Act until the time that the claimant has established a title or claim to the reasonable satisfaction of the minister or in accordance with this Act.

RSN1970 c387 s92

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Board of arbitrators shall fix compensation

86. Where the minister and the owner of land expropriated or injuriously affected by the expropriation cannot agree on the amount of compensation to be paid for the expropriated land or on account of injurious affection or where the owner cannot be found or where there is doubt as to the ownership of the land, or where for another reason the minister considers it expedient, the amount of compensation to be paid shall be fixed by a board appointed under this Act.

RSN1970 c387 s93

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Number of arbitrators

87. (1) A board of arbitrators consists of a chairperson and 2 other arbitrators.

(2) The minister shall appoint 1 arbitrator.

(3) The minister shall by written notice notify the owner of land which has been expropriated or injuriously affected that a board is to be appointed and the owner shall within 30 clear days after the date of the notice appoint 1 arbitrator.

(4) Where the owner of the land which has been expropriated or injuriously affected cannot be found or the minister does not know who the owner is, the minister shall appoint an arbitrator additional to the 1 appointed under subsection (2).

(5) Where the owner of the land which has been expropriated or injuriously affected refuses or neglects to appoint an arbitrator within the time limited by subsection (3) or is incapable of appointing an arbitrator, the minister may apply to the court, and the court, after notice to the owner that seems appropriate, or without notice to the owner where it appears to be desirable to dispense with the notice, shall appoint 1 arbitrator, and the arbitrator appointed under subsection (2) and the arbitrator appointed under subsection (3) or (4) or this subsection shall agree upon and appoint a 3rd arbitrator who shall be the chairperson of the board.

(6) Where the 2 arbitrators referred to in subsection (5) fail to agree upon and appoint an arbitrator who is to be the chairperson of the board after 7 clear days' notice in writing from the minister or the owner to do so, the court shall, on the application either of the minister or the owner, appoint an arbitrator.

(7) Where land belonging to different owners in a locality is expropriated or injuriously affected and the minister and an owner cannot agree upon the amount of compensation to be paid, the amount to be paid an owner with whom agreement cannot be reached shall be fixed by a board and for this purpose "owner" in subsections (3), (4), (5), (6) and (10) means the majority of the owners with whom agreement cannot be reached.

(8) In subsection (7) "locality" means an area so defined by the minister.

(9) An arbitrator shall before entering upon the duties of office take and sign the following oath or affirmation of office before a person authorized to administer oaths or affirmations:

"I, A.B., swear (affirm) and say that I will to the best of my ability faithfully perform the duties of an arbitrator under the Urban and Rural Planning Act, in connection with the expropriation by the Minister of Municipal and Provincial Affairs of land at ..............................." (In the case where an oath is taken, add "So help me God".).

(10) Where an arbitrator, including an arbitrator who is chairperson of a board, refuses to act, dies, resigns, or is unable to carry out his or her duties under this Act, the minister is empowered to, and shall, revoke the appointment of the arbitrator, and

(a) where the arbitrator concerned is the arbitrator appointed under subsection (2) or (4), the minister shall appoint another arbitrator;

(b) where the arbitrator concerned is the arbitrator appointed by the owner under subsection (3), the minister shall by written notice notify the owner that he or she should appoint another arbitrator and the owner shall within 30 days after the date of the notice appoint another arbitrator and where the owner refuses or neglects to appoint the arbitrator within the time limited or is incapable of appointing the arbitrator, subsection (5) shall, with the necessary changes, apply, except that, where the arbitrator who is to be chairperson has already been appointed under that subsection, the last-mentioned arbitrator is to be chairperson; and

(c) where the arbitrator is the arbitrator who was appointed as chairperson, the provisions of subsections (5) and (6) respecting the appointment of the arbitrator who is to be chairperson shall, with the necessary changes, apply.

(11) The revocation of the appointment of an arbitrator under subsection (10) shall not impair the right of the remaining arbitrators to act and where an arbitrator is appointed under subsection (10) the arbitrator shall proceed as if he or she had been a member of the board originally appointed.

1975-76 No53 s2; 1981 c4 Sch D

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Fees of board

88. (1) The minister shall, subject to the approval of the Lieutenant-Governor in Council, fix the fees to be paid to the members of each board other than those whose salaries are paid out of the public funds of the province.

(2) The minister may enter into an agreement with the members of a board for the payment to them of a fixed amount and the execution of the agreement has effect as a full discharge of claims by the members of the board for remuneration under this Act or otherwise.

RSN1970 c387 s95

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Board to give notice of hearing

89. A board shall give notice of its hearings to those parties known to the board who claim an interest or who in the opinion of the board may have an interest in the land which was expropriated and shall give to those parties a reasonable opportunity to offer evidence at the hearings.

RSN1970 c387 s96

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Board may compel witnesses to attend, etc.

90. (1) A board has the same power to enforce attendance of witnesses and to compel them to give evidence and to produce documents as is vested in a court of law in civil cases.

(2) An arbitrator may for the purposes of this Act administer oaths and take affirmations.

RSN1970 c387 s97

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Witness fees

91. (1) Witnesses summoned to give evidence before a board are entitled to fees on the scale fixed for payment to witnesses in the court.

(2) Witness fees shall be included in the costs payable and shall be paid by the party bearing the costs and expenses of the hearing before the board.

RSN1970 c387 s98; 1986 c42 Sch A

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Note of evidence; tape recording

92. (1) One of the arbitrators shall take down in writing the evidence brought before the board unless either party asks that it be taken down by a stenographer and in that case the board shall appoint a stenographer where it thinks it necessary, or the board may order the evidence to be recorded by a tape or other recorder and later transcribed into type for record.

(2) The stenographer shall be sworn or affirmed before the board before entering upon his or her duties.

(3) The fees and expenses of the stenographer in connection with the arbitration or the costs of tape or other recording and of transcription may be paid by arrangement between the parties but where they are not so paid they shall form part of the costs of the arbitration and be ordered by the board accordingly.

RSN1970 c387 s99

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Board may try questions of law and fact

93. (1) A board may, in addition to assessing the value of land expropriated, try questions of law and fact which it is necessary for it to try in order

(a) to fix the amount of compensation to be paid in respect of the land which was expropriated or injuriously affected by the expropriation; and

(b) to determine the persons to whom compensation should be paid and the amount which should be paid to each of them.

(2) A board may state an award for compensation as to the whole or part of it in the form of a special case for the opinion of the court.

(3) A board may during its proceedings and shall where so directed by the court state in the form of a special case for the opinion of the court a question of law arising in the course of the proceedings.

(4) A party may apply to the court for an order directing that a question of law arising in the course of proceedings before a board shall be stated in the form of a special case.

RSN1970 c387 s100; 1974 No57 s38(264(pp));
1986 c42 Sch A

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Rules for assessing compensation

94. (1) In fixing the amount of compensation to be paid under this Act a board shall act in accordance with the following rules:

(a) the compensation shall be an amount based on the fair market value of the land and on existing use value at the time of the start of expropriation proceedings and an account shall not be taken of the compulsory acquisition of the land, and disturbance of the owner or occupier, or other injurious affection;

(b) the fair market value of the land shall be taken to be the amount which the land if sold in the open market by a willing seller might be expected to realize but the board is entitled to consider returns and assessments of capital value for taxation made or acquiesced by the owner of the land;

(c) the special suitability or adaptability of the land for a purpose shall not be taken into account if that purpose is one to which the land could be applied only in pursuance of statutory powers or one for which there is not a market apart from the special needs of a particular purchaser or the requirements for which the land is expropriated, but an offer made in good faith for the purchase of the land made before the start of the expropriation proceedings which may be brought to the notice of the board shall be taken into account;

(d) where the value of the land is increased because of the use of it or of a premises on the land in a manner which could be restrained by a court or is contrary to law or which because of overcrowding or for another reason is detrimental to the health of the residents of the premises or to the heath of the public, the amount of that increase shall not be taken into account;

(e) where a house or premises are in such a condition that they are a nuisance or are in a state of defective sanitation or are not in reasonably good repair, the value of the house or premises shall be an amount which would be estimated as the value if the nuisance were abated or if the house or premises were put into a sanitary condition or into reasonably good repair, after deducting the estimated expense of abating the nuisance or putting the house or premises into that condition and repair;

(f) where a house or premises are in the opinion of the board unfit and not reasonably capable of being made fit for human habitation, compensation shall not be paid in respect of them;

(g) an advantage which the owner may derive or be likely to derive directly or indirectly from the contemplated work and operations for which the land is expropriated shall be taken into account in reduction of the amount of the compensation;

(h) where land is and but for the expropriation would continue to be devoted to a purpose of a nature that there is no general demand or market for the land for that purpose, the amount of the compensation may, where the board is satisfied that reinstatement in some other place is intended in good faith, be assessed on the basis of the reasonable cost of equivalent reinstatement;

(i) compensation shall not be allowed in respect of costs, expenses, loss, damages or inconvenience incurred or sustained in investigating a municipal plan, joint municipal plan, local area plan, regional plan, or other scheme, plan or regulation made under this or another Act, or expropriation proceeding taken under this Act or anything incidental to them or in respect of anything done under this Act or under a regulation, rule, by-law or order or in respect of a delay in proceeding with or by an amendment, revocation or abandonment of them; or

(j) an actual or anticipated loss, damage or inconvenience suffered by a person in respect of the development of land or the erection of a building or structure or the doing of anything which is not developed, erected or done in accordance with a municipal plan, joint municipal plan, local area plan, regional plan, or other scheme or plan, or a regulation, rule, by-law, proclamation or order relating to it and made under this Act.

(2) Where, in the opinion of the board, it is appropriate to make an award in respect of the expropriation of land for the disturbance to the owner or occupier or for other injurious affection properly the subject of compensation, the board may in addition to the amount awarded in accordance with subsection (1) make an award of the sum that it may fix.

RSN1970 c387 s101

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Awards

95. Where the injury to land affected by the expropriation of other land may be removed wholly or partly by an alteration in or addition to the work done or to be done on the land expropriated or by the abandonment of a part of the land expropriated or by the grant to the owner of the injuriously affected land of other land or of an easement and if the minister, before an award is made, undertakes to make the alteration or addition or to abandon part of the land expropriated or to grant other land or an easement to that owner, the board shall take that undertaking into account in making the award in respect of the injurious affection and the owner is entitled to have the alteration or addition made or the part of the land abandoned or other land or an easement granted to him or her.

RSN1970 c387 s102

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Apportionment of award

96. (1) Where land subject to a lease or sublease for a term not less than 1 year is expropriated the board shall apportion the compensation fixed in respect of the land between the lessor and lessee and sublessee or the assigns of either in the manner that in its absolute discretion it considers appropriate.

(2) Where part only of the land referred to in subsection (1) is expropriated, the board shall in addition apportion the rent payable in respect of the land between the land so expropriated and the residue of the land.

(3) After the apportionment of the rent the lessee or sublessee or their assigns shall, as to future accruing rent, be liable only for so much of the rent as is so apportioned in respect of the land not expropriated and as against the lessee and sublessee or their assigns the lessor has the same rights and remedies for the recovery of the portion of rent as previously to the apportionment he or she had for the recovery of the whole rent reserved by the lease.

(4) The covenants, conditions and agreements of the lease, except as to the amount of rent to be paid, shall remain in force with regard to that part of the land which is not expropriated in the same manner as they would have done if that part only of the land had been included in the lease or sublease.

RSN1970 c387 s103

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Exchange of land subject of money payment

97. (1) Where land has been expropriated and the board is of the opinion that the person from whom the land was expropriated may be properly indemnified by having a portion of land assigned to him or her from land of the minister, the board may, with the assent of the minister, mark off so much of the adjoining land of the minister as the board thinks sufficient to replace the expropriated land.

(2) The minister shall convey the land marked off under subsection (1) to the person whose land has been expropriated and the title to that land when conveyed by the minister vests in that person and is instead of an award for compensation.

RSN1970 c387 s104

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Return of land expropriated

98. (1) Where before the compensation has been actually paid or, where a board has been appointed, before an award is made, a parcel of land taken for the purposes of this Act or a part of the parcel is found to be unnecessary for the purpose for which it was expropriated or where it is found that only a more limited estate or interest in the land or a part of it is required, the minister may by a written notice served or posted in the manner provided in section 74 declare that the land or the part of it referred to in the notice is not required and is abandoned by the person in whom the title vested under section 81 or that it is intended to retain only the limited estate or interest in the land or a part of it that is mentioned in the notice.

(2) Upon the written notice referred to in subsection (1) being registered in the same manner as is provided in section 83 for the registration of a notice of expropriation, the land declared to be abandoned shall revest in the person from whom it was taken or in those entitled to claim under that person and sections 82 and 83 apply to the notice as if it were a notice of expropriation.

(3) Where a limited estate or interest in the land or a part of it is being retained by the person in whom the title vested under section 81, the land shall revest in accordance with subsection (2) subject to the estate or interest so retained.

(4) The event of the abandonment revesting the land in the person from whom it was expropriated shall be taken into account in addition to the other circumstances of the case in estimating or assessing the amount to be paid to a person claiming compensation for the land expropriated and not abandoned.

RSN1970 c387 s105

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Award of board to be written

99. (1) The board shall make its award in writing within 60 days after it has been appointed, unless the minister extends that period, and shall deliver a copy of it immediately to the parties to the arbitration.

(2) The board shall include in the award its findings on questions of law and fact which it has tried and the amount of compensation which it awards.

(3) The award of 2 arbitrators shall be considered to be the award of the board and is final.

(4) The board may correct in an award a clerical mistake or error arising from an accidental slip or omission.

(5) The minister or an owner of land which has been expropriated may within 30 days after the date of an award give to the other party notice of an appeal to the court against the findings of the board upon questions of law or fact in connection with the expropriation or upon the question of the amount of compensation awarded by the board.

(6) Costs in an appeal under subsection (5) may be awarded by the court for or against the minister.

RSN1970 c387 s106; 1986 c42 Sch A

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Award not invalid because of want of form

100. (1) An award is not invalid because of a want of form or other technical objection where this Act has been substantially complied with and where the award states clearly the compensation awarded and the lands in respect of which it has been awarded.

(2) The board may name in the award the person to whom compensation is to be paid but the lands in respect of which the award has been made shall be clearly indicated.

RSN1970 c387 s107

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Board may award costs

101. (1) The board may award costs in respect of a hearing before it under this Act but the costs shall be taxed by a taxing officer of the Trial Division in accordance with the scale of costs in the Rules of the Supreme Court, 1986.

(2) Where the compensation awarded by a board is greater than the sum which the minister offered in writing for the land which was expropriated or injuriously affected, the minister shall pay the costs and expenses of the hearing before the board and the fees of the board provided for in this Act; but where the compensation awarded does not exceed the sum so offered the person who refused the offer shall pay those costs, expenses and fees; and where in respect of land expropriated or injuriously affected no sum was so offered before expropriation those costs, expenses and fees shall be paid by the party designated by the board.

RSN1970 c387 s108; 1986 c42 Sch A; 1989 c12 s31

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Time of payment of compensation

102. The minister shall pay the compensation awarded by a board within 6 months after the date on which the award was made and if the compensation is not paid within 30 days after that date it shall bear interest at the rate of 5% annually until it is paid.

RSN1970 c387 s109

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Claims upon compensation

103. The compensation agreed upon or awarded in respect of land expropriated or injuriously affected by the exercise of powers conferred by this Act shall stand in the stead of the land expropriated or injuriously affected and a claim to or encumbrance in it shall, as against the minister, become a claim to or upon the compensation and shall no longer affect the land expropriated or injuriously affected.

RSN1970 c387 s110

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Payments by minister

104. Where in respect of land which has been expropriated or injuriously affected

(a) the owner

(i) refuses to accept the compensation awarded in respect of the land,

(ii) neglects or fails to make out a title to the land or the interest claimed by him or her to the reasonable satisfaction of the minister,

(iii) refuses to execute a document or receipt of indemnity in respect of the land as required by the minister,

(iv) is absent from the province or cannot after inquiry by the minister be found, or

(v) is under a disability;

(b) another person to whom compensation is payable under this Act

(i) refuses to accept the compensation awarded to him or her,

(ii) is under a disability,

(iii) is a partial or qualified owner, or

(iv) is not entitled to sell or convey the land; or

(c) the Attorney General certifies that in his or her opinion there are or are likely to be conflicting claims in respect of the compensation or that it is advisable to pay the compensation to the registrar,

the minister may arrange for the payment of the compensation payable in respect of the land or an interest in it into the court subject to the control and disposition of the court in accordance with this Act, and from the date of that payment the minister is not liable to pay interest under this Act or otherwise; and upon payment into court the registrar shall give the minister a receipt for the compensation which constitutes a full and valid discharge of the minister in respect of liability to make or pay or to arrange for the making or paying of compensation for the land.

RSN1970 c387 s111; 1986 c42 Sch A

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Minister to notify claimants

105. Where money is paid into the court under this Act the minister shall

(a) notify those persons referred to in section 104 to whom notice can be given;

(b) file with the registrar the name and address of persons who to the knowledge of the minister claim the compensation or a part of it, together with information in the possession of the minister in respect of the expropriation and claims for payment of compensation on account of the expropriation or injurious affection resulting from it; and

(c) within 10 days after payment into court publish a notice in 1 or more newspapers published in the province and circulating in the area where land is located stating the place where the land is located, describing and delimiting the land, 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 the compensation or part of it with the registrar.

RSN1970 c387 s112; 1986 c42 Sch A

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Registrar to provide names and addresses

106. The registrar shall give to a person requesting them the names and addresses of claimants to compensation filed with him or her by the minister or by or on behalf of the claimants.

RSN1970 c387 s113

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Registrar shall pay owner

107. (1) Where compensation is paid into the court under this Act the registrar shall, upon a person establishing his or her claim to it or a portion of it according to law and fulfilling the terms or conditions applying under this Act, pay to that person the compensation or the portion of it but the registrar shall not pay the compensation where it appears to him or her that the claim of a person is or is likely to be contested or has not been established in accordance with this subsection.

(2) Where the registrar refuses to pay compensation under subsection (1) he or she shall give to a person claiming payment a certificate of refusal to pay the compensation and stating the registrar's reasons for the refusal.

RSN1970 c387 s114; 1986 c42 Sch A

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Claimant may apply to court

108. Where there are conflicting claims to compensation to which this Act applies or a portion of compensation paid into the court under this Act or where for another reason the registrar has refused to make payment under section 107, a person claiming the compensation or part of it may apply to a judge of the court for an order directing that the compensation or part of it be paid to him or her.

RSN1970 c387 s115; 1974 No57 s38(264(pp));
1986 c42 Sch A

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Application to court

109. (1) An application to a judge of the court under section 108 shall state that to the best of the claimant's belief he or she was immediately before the expropriation the owner of the land or interest in respect of which he or she claims.

(2) The application shall set out in detail the facts on which the belief is founded and where the claimant is not aware of the existence of a claim adverse to or inconsistent with his or her own the claimant shall so state, or where aware of adverse claims he or she shall set out adverse claims and shall state that he or she is not aware of others except those set out, and the application shall be verified by affidavit, but with leave of a judge of the court the affidavit of the claimant may be dispensed with or may be made by some person other than the claimant or an affidavit may be made partly by 1 person and partly by another.

RSN1970 c387 s116; 1986 c42 Sch A

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Notice of application to court

110. (1) Before proceedings are taken under section 109 the claimant shall post a notice of an intention to make an application under that section in the registry of the court for 3 clear days, and the claimant shall afterward give notice of the application in accordance with the Judicature Act and the rules of court to a claimant whose name has been filed with the registrar and to a person who to his or her knowledge claims the compensation or a part of it.

(2) Where it appears to the judge that there is a person who may have a claim adverse to or inconsistent with that of the claimant, the claimant shall serve the notice on that person by personal or substituted service as the judge considers necessary or desirable.

(3) During the proceedings the judge may require a further publication to be made or a further notice to be served upon a person which the judge considers necessary.

RSN1970 c387 s117

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Adverse claims

111. A person having an adverse claim or a claim not recognized in the application may before the hearing of the subject matter of the application file with the registrar a statement of the particulars of the claim verified by affidavit and serve a copy of it on the claimant, his or her solicitor or agent.

RSN1970 c387 s118

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Security for costs

112. The judge may during the proceedings order security for costs to be given by the claimant or by a person making an adverse claim.

RSN1970 c387 s119

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Costs

113. The judge may order costs either as between party and party or as between solicitor and client to be paid by or to a party to a proceeding.

RSN1970 c387 s120

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Adjudication

114. The matter of the application may be heard and adjudicated upon and the judge may make the order for the distribution, payment or investment of the compensation and for securing the rights of parties interested that he or she considers appropriate.

RSN1970 c387 s121

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Compensation disposed of as judge directs

115. The registrar shall in a case referred to in section 114 dispose of the compensation as directed by the judge.

RSN1970 c387 s122

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Application of Judicature Act

116. The practice and procedure under the Judicature Act and the rules of court apply to proceedings under sections 109 to 115.

RSN1970 c387 s123

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Claims barred after 3 years

117. (1) A claim for compensation to which this Act applies or to a part of it paid into the court under this Act which has not before the expiration of 3 years from the date of payment into court been established to the satisfaction of the registrar or adjudicated upon by a judge of the court in accordance with this Act is upon the expiration of that period forever barred.

(2) Where before the expiration of the period of 3 years referred to in subsection (1)

(a) a claim to the compensation was made to the registrar; or

(b) an application for payment of the compensation was made to a judge of the court under this Act,

and the claim or application has not been finally disposed of before the expiration of that period; or

(c) a claim was made to the registrar and the claim was refused after the expiration of that period or within 1 month after the date of the refusal of the claim, whichever is later, and an application under this Act has been made in respect of that claim to a judge of the court within 3 months after the expiration of that period,

the claim or application may be dealt with and disposed of in the same manner and with the same effect as if the period of 3 years had not expired at the date of final disposition.

RSN1970 c387 s124; 1986 c42 Sch A

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Compensation to be returned to minister

118. Where a claim to compensation is barred under section 117, the compensation and interest accrued on it become the property of the minister and the registrar shall return the compensation and interest to the minister.

RSN1970 c387 s125

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Guardian of infant or mentally incompetent person

119. (1) Where a person who, if not under a disability, might have made a claim for compensation under this Act, or might have made an application, given a consent, done an act or been a party to a proceeding under this Act, is an infant or a mentally incompetent person, the guardian of the infant or of the estate of the mentally incompetent person, may file the claim for compensation, make the application, give the consent, do the act or be a party to those proceedings that that person might have filed, made, given, done or been if he or she had not been under a disability and the guardian shall otherwise represent that person for the purposes of this Act.

(2) Where an infant or mentally incompetent person referred to in subsection (1) has no guardian, a judge of the court may appoint a guardian of that infant or person for the purposes of that subsection and the guardian has the powers of a guardian referred to in that subsection.

(3) Where it appears that an infant or mentally incompetent person may be interested in opposing the claim of a claimant making an application under this Act, a judge of the court may appoint a guardian to represent the infant or mentally incompetent person and the infant or mentally incompetent person is bound by the adjudication in the matter in respect of which the application is made.

(4) The judge may order that the costs of the guardian appointed under subsection (3) be paid by the claimant.

(5) A guardian referred to in this section may receive notices, make nominations, receive payment of compensation, give effectual receipts and discharges and otherwise, for the purposes of this Act, act on behalf of the person of whom he or she has been appointed guardian.

RSN1970 c387 s126; 1986 c42 Sch A

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Disposal of land

120. The minister may, subject to the approval of the Lieutenant-Governor in Council, sell, lease or otherwise dispose of land or an interest in it expropriated and not abandoned upon those terms and conditions and for the consideration that the minister thinks appropriate.

RSN1970 c387 s127

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Entry upon land to do certain things

121. (1) Where the minister thinks it necessary or desirable for the performance of anything authorized to be done under this Act, the minister may by his or her employees, engineers, contractors or a person authorized enter upon Crown land or upon the land of a person and may at reasonable times enter houses, buildings, tenements or erections upon the land and may do and execute all the works and things that may be required for the purpose of that performance.

(2) The minister shall compensate the owner of land injuriously affected by an act done under this section and in default of agreement between the minister and the owner the amount of compensation shall be determined and paid in the same manner as nearly as may be and with the same effect as compensation is determined and paid under this Act.

RSN1970 c387 s128

PART XII
MISCELLANEOUS

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Appeal

122. (1) Upon a question of jurisdiction or upon a question of law an appeal lies from an order of an appeal board made under section 8 to the Court of Appeal.

(2) An appeal to the Court of Appeal shall be made within 30 days from the date of the order of the appeal board.

(3) An appeal board is entitled to be represented by counsel and heard on the appeal.

(4) The Court of Appeal shall either confirm or vacate the order and where the court vacates it the court shall refer the matter back to the appeal board with the opinion of the court as to the error in law or jurisdiction and the appeal board shall deal with the matter in accordance with that opinion.

RSN1970 c387 s130; 1974 No57 Sch D;
1982 c26 s32; 1986 c42 Sch B

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Enforcement of planning

123. (1) Where, after making the inquiries that he or she considers sufficient, the minister is satisfied

(a) that an authorized administrator is not completing or conforming to, enforcing or administering the provisions of a municipal plan, joint municipal plan, local area plan or regional plan or further scheme or regulations made under a plan in force under this Act; or

(b) that it is in the public interest that a municipal plan or joint municipal plan or further scheme or plan or regulations made under a plan be prepared or completed in accordance with this Act,

the minister may order the appropriate authorized administrator to conform to, enforce, administer, prepare, complete, adopt or enact, a municipal plan, joint municipal plan, local area plan or regional plan, or further scheme or plan or regulations made under a plan within the time that he or she may state in the order.

(2) Where default is made by the authorized administrator in carrying out an order made under this section, the minister, for the purposes of carrying out the order, may exercise for and in the name of the authorized administrator the powers conferred upon him or her under this Act.

RSN1970 c387 s131

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Authorized administrator may be required to purchase land

124. (1) Where an authorized administrator acting in accordance with a scheme or plan brought into force by or under a municipal plan, a joint municipal plan, a local area plan, a regional plan, protected road or a protected area order refuses permission to develop land or grants permission subject to conditions, then if the owner of the land claims,

(a) where permission to develop the land was refused, that the land has become incapable of reasonably beneficial use in its existing state, or where permission to develop the land was granted subject to conditions, that the land cannot be made capable of reasonably beneficial use by the carrying out of the permitted development in accordance with the conditions; and

(b) that the land cannot be made capable of reasonably beneficial use by the carrying out of other development for which permission has been or would be granted under the scheme,

the owner may, within 60 days from the date on which he or she was notified by the authorized administrator of the refusal of permission to develop the land or the grant of permission subject to those conditions, serve on the authorized administrator exercising jurisdiction in the territory in which the land is situated a purchase notice requiring it to purchase his or her interest in the land in accordance with this section.

(2) Where a purchase notice is served on an authorized administrator under subsection (1), the person who served the purchase notice shall immediately transmit a copy of it to the minister, and the minister shall, where satisfied that the conditions specified in paragraphs (1)(a) and (b) are fulfilled, confirm the notice; and title to the land shall be vested in the authorized administrator and compensation shall be awarded and made as if the land were expropriated under this Act.

(3) The minister shall not confirm a purchase notice served under subsection (1) unless satisfied that

(a) the land is particularly suitable and ripe for the development for which permission is sought;

(b) solely because of the scheme or plan referred to in subsection (1) the land cannot be used for the development; and

(c) the land cannot be used for other development under the scheme or plan referred to in subsection (1).

(4) Where it appears to the minister to be expedient to do so, the minister may, instead of confirming a purchase notice served under subsection (1), grant permission for the development in respect of which the application was made, or, where permission for that development was granted subject to conditions, revoke or amend the conditions so that the land may be rendered capable of reasonably beneficial use by the carrying out of the development.

(5) Where it appears to the minister that the land or a part of it could be made capable of reasonably beneficial use within a reasonable time by the carrying out of other development for which permission ought to be granted, he or she may, instead of confirming a purchase notice served under subsection (1), or instead of confirming it in respect of a part of the land, direct that permission shall be so granted where an application is made.

(6) Where it appears to the minister, having regard to the probable ultimate use of the land, that it is expedient to do so, the minister may, if he or she confirms a purchase notice served under subsection (1), modify it, either in relation to the whole or in relation to a part of the land affected by the notice, by substituting another authorized administrator for the authorized administrator on whom the purchase notice was served, and this section shall have effect accordingly.

(7) Where upon the expiration of 6 months from the date on which a copy of the purchase notice is received by the minister after having been transmitted to the minister under subsection (2), the minister has not confirmed the purchase notice, or taken other action in respect of it under subsection (4) or (5), or notified the owner by whom the purchase notice was served that he or she does not propose to confirm it, the purchase notice shall be considered to be confirmed and all of the results shall follow as if the notice were confirmed under subsection (2).

(8) Before confirming a purchase notice, or taking other action in respect of it under this section, the minister shall give notice of his or her proposed action

(a) to the person by whom the purchase notice was served;

(b) to the authorized administrator or whom the purchase notice was served;

(c) to the authorized administrator for the area in which the land is situated; and

(d) to an authorized administrator which the minister proposes, under subsection (6), to substitute for the authorized administrator on which the purchase notice was served.

(9) Where, within a period not less than 28 days from the date of the service of the purchase notice, to be prescribed in the notice to be given by the minister under this subsection, the person by whom the purchase notice was served, or an authorized administrator on which that notice was served so requires, the minister shall, before confirming the purchase notice or taking other action under this section in respect of it, give to that person and that authorized administrator an opportunity of appearing before and being heard by a person designated or appointed by the minister for the purpose.

(10) A notice may be served under this section,

(a) on the minister by leaving it at the office of the minister or by posting it by registered mail addressed to the minister;

(b) on an authorized administrator by leaving it with or posting it by registered mail addressed to the person in charge of the office of that authorized administrator; or

(c) on another person by personal service or by posting it by registered mail addressed to the last known address of that person in the province.

RSN1970 c387 s132; 1990 c34 s1

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Right of entry

125. The minister, or a person designated by the minister, has the right to enter upon a property to make an inspection or survey for the purposes of this Act.

RSN1970 c387 s133

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Penalty

126. (1) A person who contravenes this Act or a regulation, order, municipal plan, joint municipal plan, local area plan, regional plan or other plan or scheme or who interferes with or obstructs a person in the discharge of duties under the preceding or who tears down, removes or damages a notice posted or published under this Act is guilty of an offence and liable on summary conviction to a fine not exceeding $1,000 and in default of payment to imprisonment for a period not exceeding 6 months.

(2) The conviction of a person for failing to comply with a requirement or obligation referred to in subsection (1) shall not operate as a bar to further prosecution under this Act for the continued failure on the part of the person to so comply.

(3) In addition to the penalty prescribed under subsection (1) the Provincial Court judge who convicts a person of an offence referred to in that subsection may order that person to remove or restore to its former state a building, structure or thing erected or placed on land or land dealt with contrary to this Act or regulations made under this Act and, if that person does not carry out that order within the time prescribed by the Provincial Court judge the Provincial Court judge may designate a person to carry out the order and the cost of carrying out the order shall be borne by and may be recovered as a civil debt from the person convicted.

RSN1970 c387 s134; 1990 c34 s2

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Minister may order stopping of development

127. (1) Where a person begins or continues a development contrary or apparently contrary to this Act or the regulations or an order, municipal plan, local area plan or joint municipal plan, regional plan or other plan or scheme, the minister or an authorized administrator may order that person to stop the development or work connected with it pending final adjudication in a prosecution arising out of the development.

(2) A person who does not comply with an order made under subsection (1) is guilty of an offence and, in addition to the penalties provided for in section 126, is liable on summary conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months, or to both a fine and imprisonment.

(3) The minister or an authorized administrator may take an action by way of prosecution or other legal proceedings including but not limited to an application for injunction or declaratory relief which the minister or authorized administrator considers necessary to enforce this Act or the regulations or an order, municipal plan, local area plan or joint municipal plan, regional plan or other plan or scheme or order made under subsection (1).

RSN1970 c387 s136; 1977 c39 s13; 1990 c34 s3

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Prosecutions

128. Prosecutions for breaches of this Act or the contravention of a regulation, order, municipal plan, local area plan or joint municipal plan, regional plan or other plan or scheme may be taken by the Attorney General or by the minister, an authorized administrator, or an officer designated by either of them for the purpose and fines and penalties recovered shall be forwarded by the court imposing to the Department of Justice for payment over to the Crown.

RSN1970 c387 s137

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