Implementation of Bill 37 Changes

The Government of Manitoba approved Bill 37 in May of 2021, which amended The Planning Act and The Winnipeg Charter Act with the intent to make it easier for developers to bring development forward through development approvals processes. Most of the amendments are now in force as of October 29, 2021.

Where can I learn more about Bill 37?

The Government of Manitoba has the following information available online:

• October 28, 2021 media release
• Fact Sheet—Appeals and Performance Standards
• Guide—Appeals and Performance Standards

How do the amendments impact City application processes?

• More appeal opportunities for applicants, not just for land use applications, but also for development agreements and development permit applications
• No corresponding increase in appeal opportunities for opponents (opportunities unchanged)
• City Council is no longer necessarily the final approval authority, with more opportunities for the Municipal Board to make decisions

What has the City done to comply with Bill 37?

• City administration reviewed existing procedures and has updated them to be consistent with the new requirements under Bill 37
• City administration updated application information packages to maintain accuracy on the new processes

Specific Changes to City Processes

Note: These changes only apply to applications received beginning October 30, 2021.

Zoning By-law (Amendment)—Public Hearings

• The City has the option to schedule a public hearing with the Planning Commission before taking the by-law to Council for first reading, instead of waiting for Council to give first reading before processing further
  • This may be useful when Council does not meet as regularly, such as during the summer months or immediately after a City of Brandon election
  • This does not affect the requirement for a public hearing with the Planning Commission

Zoning By-law (Amendment)—Objections

• Should there be sufficient second objections, the Manitoba Municipal Board, not Council, will hold the second public hearing
• The Municipal Board will, after the second public hearing, direct Council on how to proceed with the by-law
• Council is therefore not necessarily the final decision-making body
• The criteria to trigger a second public hearing due to objections are as follows:
  • At least 25 persons who would be eligible to vote in a City of Brandon election if the election were held on the day the objection is made, or at least half of property owners within 100m of property being rezoned, must object at a Planning Commission public hearing, either in person or in writing, to trigger the opportunity for second objections
  • If Council gives the by-law second reading, and the first criterion is met, at least 25 persons who would be eligible to vote in a City of Brandon election if the election were held on the day the second objection is made, or at least half of property owners within 100m of property being rezoned, must submit a second objection to the City in writing within 14 days

Zoning By-law (Amendment)—Applicant Appeals

• Applicants may appeal to the Manitoba Municipal Board if Council decides to
  • Not proceed with the by-law
  • Require the applicant to enter into a development agreement as part of the approval
• Applicants may also appeal to the Municipal Board if the City or Council fails to meet legislated deadlines to process or decide on applications

Development Agreement (Amendment)—Applicant Appeals

• Where Council or the Planning Commission requires a development agreement, applicants may appeal to the Manitoba Municipal Board on the requirement of a development agreement or for any conditions proposed for the development agreement
• Where applicants apply to amend an existing development agreement, they may appeal to the Municipal Board for any conditions proposed for the amended development agreement
• Applicants may also appeal to the Municipal Board if the City or Council fails to meet legislated deadlines to conclude development agreements or development agreement amendments

Development Permit—Reviews and Applicant Reviews

• Applicants may appeal to the Manitoba Municipal Board if the City
  • Denies issuing a development permit
  • Imposes conditions as part of approving a development permit
  • Fails to meet legislated deadlines to process or decide on applications
• Otherwise, no change to how City provides service. Applicants can still resubmit revisions to obtain permits
  • For the purposes of The Planning Act and Bill 37, a return of an application to an applicant for revision is deemed a denial of issuance of a permit, and a resubmittal under the same application number is deemed a new application

Conditional Use—Extensions

• Applicants may seek a second 12-month extension to a conditional use approval if they make a request before the first extension expires
• Applicants therefore may have up to three years instead of two to satisfy outstanding conditions of approval or develop their sites in accordance with the approval