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First
Session, 50th General Assembly 71 Elizabeth II, 2022 |
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AN ACT TO AMEND THE
URBAN AND RURAL PLANNING ACT, 2000 |
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Received and Read the First Time................................................................ |
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Second
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Committee..................................................................................................... |
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Third
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Royal Assent................................................................................................. |
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HONOURABLE KRISTA LYNN HOWELL Minister of Municipal and Provincial Affairs |
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Ordered to be printed by
the Honourable House of Assembly |
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EXPLANATORY NOTES This Bill would amend the Urban and Rural Planning Act, 2000 to · replace regional appeal boards with adjudicators appointed by the minister to hear appeals authorized under the Act; · allow the minister to designate one or more employees as appeal officers to carry out administrative and other duties related to the appeals process; · allow hearings by teleconference, video conference or other electronic means; · allow an adjudicator to dismiss an appeal without holding a hearing where the subject of the appeal is not within the adjudicator's jurisdiction; · confirm that the provisions of Part VI of the Act, as they existed immediately before the coming into force of this Act, continue to apply in respect of appeals related to planning areas under the jurisdiction of the City of St. John's, appeals under section 12 of the Housing Act and appeals under chapter 10 of the Labrador Inuit Land Claims Agreement; and · incorporate gender-neutral language. A BILL AN ACT TO AMEND THE URBAN AND RURAL PLANNING ACT, 2000 Analysis 1.
S.2 Amdt. 2.
S.6 Amdt. 3.
S.7 Amdt. 4.
S.9 Amdt. 5.
S.10 Amdt. 6.
S.19 Amdt. 7.
S.22 Amdt. 8.
S.24 Amdt. 9.
S.26 Amdt. 10.
S.31 Amdt. 11.
S.35 Amdt. 12. Part VI R&S PART
VI 13.
S.48 Amdt. 14.
S.50 Amdt. 15.
S.58 Amdt. 16.
S.62 Amdt. 17.
S.64 Amdt. 18.
S.71 Amdt. 19.
S.72 Amdt. 20.
S.73 Amdt. 21.
S.80 Amdt. 22.
S.84 Amdt. 23.
S.85 Amdt. 24.
S.86 Amdt. 25.
S.87 Amdt. 26.
S.89 Amdt. 27.
S.94 Amdt. 28.
S.96 Amdt. 29.
S.97 Amdt. 30.
S.102 Amdt. 31.
S.103 Amdt. 32.
S.106 Amdt. 33.
S.109 Amdt. 34. Transitional 35. SNL2001 cC-14.1 Amdt. 36. RSNL1990 cC-15 Amdt. 37. RSNL1990 cC-16 Amdt. 38. SNL1999 cM-24 Amdt. 39. RSNL1990 cP-43 Amdt. 40. CNLR 997/96 Rep. 41. Commencement Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: SNL2000 cU-8 1. (1) Section 2 of the Urban
and Rural Planning Act, 2000
is amended by adding immediately before paragraph (a) the following: (a.01) "adjudicator" means an adjudicator appointed under section 40; (a.02) "appeal officer" means an employee of the department designated under subsection 40(5); (2) Paragraph 2(b) of the Act is repealed. (3) Paragraph 2(e) of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court of Newfoundland and Labrador". 2. Subsection 6(1) of the Act is amended by deleting the words "him or her" and substituting the words "the minister". 3. Subsection 7(1) of the Act is amended by deleting the words "him or her" and substituting the words "the minister". 4. Paragraph 9(1)(b) of the Act is amended by deleting the words "he or she" and substituting the words "the minister". 5. Subsection 10(2) of the Act is amended by deleting the words "him or her" and substituting the words "the minister". 6. Subsection 19(4) of the Act is amended by deleting the words "him or her" and substituting the words "the commissioner". 7. Subsection 22(2) of the Act is amended by (a) deleting the words "his or her"; and (b) deleting the words "him or her" and substituting the words "the commissioner". 8. Subsection 24(4) of the Act is amended by (a) deleting the comma after the first occurrence of the word "minister"; and (b) deleting the words "he or she" and substituting the words "the minister". 9. Section 26 of the Act is amended by deleting the words "he or she" wherever they appear and substituting the words "the minister". 10. (1) Paragraph 31(1)(b) of the Act is amended by deleting the words "his or her" and substituting the words "the minister's". (2) Subsection 31(3) of the Act is amended by deleting the words "he or she" and substituting the words "the minister". 11. Paragraph 35(1)(l) of the Act is amended by deleting the word "boards" and substituting the word "adjudicators". 12. Part VI of the Act is repealed and the following substituted: PART VI Adjudicators 40. (1) The minister shall appoint not more than 20 persons as adjudicators to hear appeals authorized under this Act and the regulations. (2) An adjudicator shall be appointed for a term of 3 years and may be reappointed for an additional 3 year term. (3) Notwithstanding subsection (2), where the term of an adjudicator expires, the adjudicator shall continue to be an adjudicator until reappointed or replaced. (4) An adjudicator shall receive remuneration and shall be reimbursed for expenses incurred in carrying out the duties of an adjudicator under this Act and the regulations in a manner that may be determined by the Lieutenant-Governor in Council. (5) The minister shall designate one or more
employees of the department as appeal officers to carry out administrative and
other duties related to appeals. (6) Notwithstanding subsection (1), the City of Corner Brook and the City of Mount Pearl may appoint one or more adjudicators to hear appeals for the planning areas under their jurisdiction in accordance with the development regulations, and this Part, with the necessary changes, shall apply. Appeals 41. (1) A person or a group of persons aggrieved by a decision may appeal the decision to an adjudicator where (a) the decision is permitted to be appealed to an adjudicator under this Act or another Act; or (b) the decision is permitted to be appealed under the regulations and the decision relates to one or more of the following: (i) an application to undertake a development, (ii) a revocation of an approval or a permit to undertake a development, or (iii) the issuance of a stop work order. (2) A decision of a council, regional authority or authorized administrator to adopt, approve or proceed with a plan, a scheme, development regulations and amendments and revisions of them is final and not subject to an appeal. (3) An appeal made under this section shall be filed with an appeal officer not more than 14 days after the person who made the original application receives the decision. (4) An appeal shall be made in writing and shall include (a) a summary of the decision being appealed; (b) the grounds for the appeal; and (c) the required fee. Procedures and powers of adjudicators 42. (1) For the purpose of a hearing under this or another Act, an adjudicator (a) has the powers of a commissioner appointed under the Public Inquiries Act, 2006; and (b) is not bound by the rules of evidence. (2) The minister shall establish rules of procedure for appeals. (3) The minister shall, by regulation, prescribe (a) notice periods that apply to appeals; and (b) the manner in which persons are to be notified with respect to appeals. (4) An adjudicator shall consider and decide appeals in accordance with (a) this Act; (b) a plan and development regulations registered
under section 24 that apply to the matter being appealed; (c) a scheme, where adopted under section 29; and (d) the circumstances and merits of the matter being appealed. (5) Where it is necessary for the purpose of an appeal or other matter before an adjudicator, an adjudicator or a person designated by an adjudicator may enter upon land and other property in order to inspect that land or property. Hearings 43. (1) A
hearing of an appeal under this Part (a) may, as determined by an adjudicator, be conducted in person or by teleconference, video conference
or other electronic means of communication that permits all parties to
communicate with each other during the hearing; and (b) shall be open to the public. (2) A person or group of persons, other than the
person or group of persons who brought an appeal, that is affected by the
subject of an appeal or their representatives may, where authorized by an
adjudicator, appear before the adjudicator and make representations concerning
the matter under appeal. (3) Where an adjudicator designates a person to carry out an inspection under subsection 42(5), (a) the person may provide the adjudicator with a written report of the inspection; and (b) a written report provided under paragraph (a) shall be considered to have been provided in the same manner as evidence before an adjudicator during a hearing of an appeal. (4) Where an adjudicator determines that the subject matter of an appeal is not within the jurisdiction of the adjudicator under section 41, the adjudicator may dismiss the appeal without holding a hearing. Decisions of adjudicator 44. (1) In deciding an appeal, an adjudicator may do one or more of the following: (a) confirm, reverse or vary the decision that is the subject of the appeal; (b) impose conditions that the adjudicator considers appropriate in the circumstances; and (c) direct the council, regional authority or authorized administrator to carry out its decision or make the necessary order to have the adjudicator's decision implemented. (2) Notwithstanding subsection (1), a decision of an adjudicator shall not overrule a discretionary decision of a council, regional authority or authorized administrator. (3) An adjudicator shall not make a decision that
does not comply with (a) this Act; (b) a plan and development regulations registered
under section 24 that apply to the matter being appealed; and (c) a scheme, where adopted under section 29. (4) An adjudicator shall, in writing, notify the person or group of persons who brought the appeal and the council, regional authority or authorized administrator of the adjudicator's decision. Fees 45. (1) The minister may establish fees for the making of appeals under this Part. (2) Where an appeal under section 41 is successful, the council, regional authority or authorized administrator that made the decision that was appealed shall pay the person or group of persons who brought the appeal an amount of money equal to the fee paid under subsection 41(4). Development may not proceed 46 (1) Where an appeal is made under section 41, the development with respect to the appeal, work related to that development or an order that is under appeal shall not proceed or be carried out pending a decision of the adjudicator. (2) Where, on appeal, a permit to develop is confirmed or ordered to be issued, a council, regional authority or authorized administrator shall issue the permit as confirmed or ordered. Appeal to court 46.1 (1) A person or group of persons who brought an appeal or a council, regional authority or authorized administrator may, not later than 10 days after receiving a decision of an adjudicator, appeal that decision to the court on a question of law or jurisdiction. (2) An adjudicator may be represented by counsel and heard on an appeal under this section. (3) The court shall either confirm or revoke the decision of the adjudicator and where revoked the court shall refer the matter back to the adjudicator with the opinion of the court as to the error in law or jurisdiction and the adjudicator shall deal with the matter in accordance with that opinion. Application of former provisions 46.2 (1) Notwithstanding section 40, (a) the City of St. John's may appoint an appeal board to hear appeals for the planning areas under its jurisdiction in accordance with the development regulations registered under section 24, and the former Part VI, with the necessary changes, shall apply; and (b) a municipal authority, as defined in the Housing Act, may appoint an appeal board to hear appeals under section 12 of the Housing Act, and the former Part VI, with the necessary changes, shall apply. (2) For the purposes of section 10.11.1 of the Labrador Inuit Land Claims Agreement as defined in the Labrador Inuit Land Claims Agreement Act, the reference to "the appeal provisions of the Urban and Rural Planning Act, 2000" shall mean the appeal provisions of the Urban and Rural Planning Act, 2000 as they existed immediately before the coming into force of this section. (3) For the purposes of this section, "former Part VI" means Part VI of this Act as it existed immediately before the coming into force of this section. 13. (1) Subsection 48(1) of the Act is amended by deleting the words "him or her" and substituting the words "the minister". (2) Subsection 48(2) of the Act is amended by deleting the words "his or her" and substituting the words "the minister's". (3) Subsection 48(7) of the Act is amended by deleting
the words "to him or her". 14. Paragraph 50(4)(c) of the Act is amended by deleting the words "his or her" and substituting the words "the owner's". 15. Subsection 58(3) of the Act is amended by deleting the words "he or she" and substituting the words "the sheriff or peace officer". 16. Subsection 62(1) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the person's". 17. (1) Subsection 64(11) of the Act is amended by deleting the words "his or her duties" and substituting the words "the duties of an assessor". (2) Paragraph 64(11)(b) of the Act is amended by deleting the words "he or she should appoint another assessor" and substituting the words "another assessor should be appointed". (3) Subsection 64(12) of the Act is amended by deleting the words "he or she" and substituting the words "the assessor". 18. Section 71 of the Act is amended by deleting the words "him or her" and substituting the words "the owner". 19. Subsection 72(3) of the Act is repealed and the following substituted: (3) After the apportionment of the rent the
lessee, sublessee or their assigns shall, as to future accruing rent, be liable
only for so much of the rent as is apportioned with respect to 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 the lessor had before the apportionment for the recovery of the whole rent
reserved by the lease. 20. Subsection 73(1) of the Act is amended by deleting the words "him or her" and substituting the words "the person". 21. (1) Subparagraph 80(1)(a)(ii) of the Act is
amended by deleting the words "by him or her". (2) Paragraph 80(1)(c) of the Act is amended by deleting the words "his or her" and substituting the words "the Attorney General's". 22. Section 84 of the Act is amended by deleting the words "him or her" and substituting the words "the person". 23. (1) Section 85 of the Act is amended by deleting the words "he or she" wherever they appear and substituting the words "the claimant". (2) Paragraph 85(2)(a) of the Act is amended by deleting the words "his or her" and substituting the words "the claimant's". 24. Subsection 86(1) of the Act is amended by deleting the words "his or her" and substituting the words "the claimant's". 25. Section 87 of the Act is amended by deleting the words "claimant, his or her" and substituting the words "claimant or the claimant's". 26. Section 89 of the Act is amended by deleting the words "he or she" and substituting the words "the judge". 27. (1) Subsection 94(1) of the Act is amended by deleting the words "he or she" and substituting the words "the person". (2) Subsection 94(4) of the Act is amended by deleting the words "he or she has been appointed guardian" and substituting the words "the guardian has been appointed". 28. (1) Subsection 96(2) of the Act is amended by (a) deleting the words "he or she" and substituting the words "the owner"; and (b) deleting the words "his or her" and substituting the words "the owner's". (2) Subsection 96(5) of the Act is amended by deleting the words "he or she" and substituting the words "the minister". (3) Subsection 96(9) of the Act is amended by deleting the words "he or she" and substituting the words "the minister". 29. Subsection 97(2) of the Act is amended by deleting the words "his or her" and substituting the word "the". 30. Subsection 102(1) of the Act is amended by deleting the words "he or she" and substituting the words "the minister". 31. Subsection 103(1) of the Act is amended by deleting the words "he or she" wherever they appear and substituting the words "the minister". 32. Subsection 106(3) of the Act is amended by deleting the words "he or she" and substituting the words "the Provincial Court judge". 33. Subsection 109(1) of the Act is amended by deleting the words "his or her duties, powers and functions" and substituting the words "any duties, powers and functions conferred or imposed on the minister". Transitional 34. (1) Where an appeal has been made under section 42 of the Urban and Rural Planning Act, 2000 before the coming into force of this Act and the appeal has not, on the coming into force of this Act, been decided, it shall be considered to be an appeal to an adjudicator under section 12 of this Act. (2) A decision on an appeal that is made before the coming into force of this Act shall be considered to be a decision of an adjudicator under section 12 of this Act. SNL2001 cC-14.1 Amdt. 35. The Schedule to the Citizens' Representative Act is amended by deleting the reference "An appeal board established under section 40 of the Urban and Rural Planning Act, 2000" and substituting the reference "An adjudicator appointed under section 40 of the Urban and Rural Planning Act, 2000". RSNL1990 cC-15 Amdt. 36. Subsection 240(1) of the City of Corner Brook Act is repealed and the following substituted: Appeal 240. (1) A person who feels aggrieved by an order made under section 238 may, within 14 days of the service or posting of the order, appeal to an adjudicator appointed under the Urban and Rural Planning Act, 2000 and the adjudicator may make the order with respect to the matter that appears just. RSNL1990 cC-16 Amdt. 37. Subsection 240(1) of the City of Mount Pearl Act is repealed and the following substituted: Appeal 240. (1) A person who feels aggrieved by an order made under section 238 may, within 14 days of the service or posting of the order, appeal to an adjudicator appointed under the Urban and Rural Planning Act, 2000 and the adjudicator may make the order with respect to the matter that appears just. SNL1999 cM-24 Amdt. 38. (1) Subsection 408(1) of the Municipalities Act, 1999 is repealed and the following substituted: Appeal 408. (1) A person aggrieved by an order made under subsection 404(1) may, within 14 days of the service or posting of the order, appeal to an adjudicator appointed under the Urban and Rural Planning Act, 2000 and the adjudicator may make an order with respect to the matter that appears just. (2) Section 409 of the Act is repealed and the following substituted: Appeal 409. A person aggrieved by the refusal of a council to issue a permit required under section 194 may, within 14 days from the date of that refusal, appeal the refusal to an adjudicator appointed under the Urban and Rural Planning Act, 2000 and the adjudicator may make an order with respect to the matter that appears just. RSNL1990 cP-43 Amdt. 39. Schedule C to the Public Service Commission Act is amended by deleting the statutory appointment reference "Urban and Rural Planning Act, 2000, subsection 41(1)" and substituting the statutory appointment reference "Urban and Rural Planning Act, 2000, subsection 40(1)". CNLR 997/96 Rep. 40. The Regional Appeal Boards Establishment Order, Consolidated Newfoundland and Labrador Regulation 997/96, is repealed. Commencement 41. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council. ©Queen's Printer |