Part 5 — Councils, Councillors and Council Committees Division 1 Councils and Council Committees
145 Bylaws - council and council committees
subsections (7) and (9), a council may, by bylaw, establish the
procedures to be followed by the council.
(2) A council may, by bylaw, establish council committees and
other bodies.
(3) Subject to an order made under subsection (4) and to
subsections (7), (9) and (12), where a council establishes a council
committee or other body, the council may, by bylaw, establish the
functions of the committee or body and the procedures to be
followed by it.
(4) The Minister may, by order,
(a) establish procedures for council and council committee
meetings,
(b) amend the procedures ref erred to in clause (a), and
(c) specify matters relating to procedures for council and
council committee meetings that may not be included in a
bylaw.
(5) As soon as practicable after making an order under subsection
(4), the Minister must make the order publicly available on the
website of the Minister's department.
(6) The Regulations Act does not apply to an order made under
subsection (4).
(7) If the Minister makes an order under subsection (4), a council
may, by bylaw, provide for
(a) procedures for council an d council committee meetings in
addition to those established under that order, and
(b) matters relating to those procedures other than matters
specified by that order that may not be included in a bylaw.
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(8) If there is a conflict or inconsistency between an order made
under subsection (4) and a bylaw referred to in subsection (7), the
bylaw is of no force and effect to the extent of the conflict or
inconsistency in respect of any procedures for council or committee
meetings established or matters specified under that order.
(9) A council may not make a bylaw or a resolution under this Act
that addresses the behaviour or conduct of councillors or of
members of council committees who are not councillors.
(10) A bylaw or any portion of a bylaw or a resolution or any
portion of a resolution passed by a municipality prior to the coming
into force of this subsection that provides for a code of conduct for
councillors or members of council committees who are not
councillors or addresses the behaviour or conduct of those
councillors or members and that was in effect immediately before
the coming into force of this subsection is repealed on the coming
into force of this subsection.
(11) A council must update its bylaws respecting procedures for
council and council committee meetings, if any, within 6 months of
the date of an order made under subsection (4) to accord with that
order.
(12) An order made under subsection (4) does not apply to a board
or other body established by a council under this Act.
RSA 2000 cM-26 s145;2015 c8 s15;2022 c16 s9(36);2025 c13 s2(2)
(7) apply in respect of the requirement in subsection (3)(a) to
provide for meeting procedures as an applicable matter described in
section 145(3).
(4) The council of a municipality may make a bylaw authorizing a
municipality to delegate, by agreement, any of its subdivision
authority or development authority powers, duties or functions to
(a) a municipal planning commission,
(b) a regional services commission, or
(c) an intermunicipal service agency.
RSA 2000 cM-26 s625;2020 c39 s10(11);2023 c9 s19(19);
2025 c13 s2(16)
626 Repealed 2020 c39 s10(12).
Appeal board established
627(1) A council must by bylaw
(a) establish a subdivision and development appeal board, or
(b) authorize the municipality t o enter into an agreement with
one or more municipalities to establish an intermunicipal
subdivision and development appeal board,
or both.
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(2) An intermunicipal subdivision and development appeal board
is a subdivision and development appeal board for the purposes of
this Part.
(3) Unless an order of the Minister authorizes otherwise, a panel of
a subdivision and development appeal board hearing an appeal
must not have more than one councillor as a member.
(4) The following persons may not be appointed as members of a
subdivision and development appeal board:
(a) an employee of the municipality;
(b) a person who carries out subdivision or development
powers, duties and functions on behalf of the municipality;
(c) a member of a municipal planning commission.
(5) A member of a subdivision and development appeal board
may not participate in a hearing of the subdivision and
development appeal board unless the member is qualified to do so
in accordance with the regulations made under section 627.3(b).
RSA 2000 cM-26 s627;2016 c24 s94;2020 c39 s10(13)
Clerks
627.1(1) A council that establishes or authorizes the establishment
of a subdivision and development appeal board, including an
intermunicipal subdivision and development appeal board, must
appoint or authorize the appointment of one or more clerks of the
subdivision and development appeal board.
(2) A person appointed as a clerk of a subdivision and
development appeal board may also hold an appointment under
section 456 as a clerk of an assessment review board.
(3) No person is eligible for appointment as a clerk of a
subdivision and development appeal board unless that person has
successfully completed a training program in accordance with the
regulations made under section 627.3(a).
(4) No subdivision authority or development authority is eligible
for appointment under this section.
2015 c8 s61;2017 c13 s3;2019 c22 s10(19);2020 c39 s10(14)
627.2 Repealed 2020 c39 s10(15).
Regulations
627.3(1) The Minister may make regulations
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(a) respecting training progr ams for the purposes of section
627.1(3);
(b) respecting qualifications for the purposes of section 627(5);
(c) authorizing and respecting the use of electronic, telephonic
or other communication methods to conduct hearings of a
subdivision and development appeal board.
(2) Regulations under subsection (1)(c) may apply generally or
specifically and may modify the requirements in this Division to
any extent the Minister considers necessary or appropriate to give
effect to the regulations.
2015 c8 s61;2020 c39 s10(16);2022 c16 s9(79)
628 Repealed 2020 c39 s10(17).
Immunity
628.1(1) The members of a subdivision and development appeal
board are not personally liable for anything done or omitted to be
done in good faith in the exercise or purported exercise of a power,
duty or function under this Part.
(2) No member of a subdivision and development appeal board is
liable for costs by reason of or in respect of an application for
permission to appeal or an appeal under this Part.
2016 c24 s96
Appeal board evidence
629 A subdivision and development appeal board
(a) may, while carrying ou t its powers, duties and
responsibilities, accept any oral or written evidence that it
considers proper, whether admissible in a court of law or
not, and is not bound by the laws of evidence applicable to
judicial proceedings, and
(b) must make and keep a record of its proceedings, which may
be in the form of a summary of the evidence presented at a
hearing.
1995 c24 s95
Signature evidence
630(1) An order, decision, approval, notice or other thing made or
given by a subdivision authority, development authority or
subdivision and development appeal board may be signed on its
behalf by a designated officer.
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(2) An order, decision, approval, notice or other thing purporting
to be signed by a designated officer pursuant to subsection (1) may
be admitted in evidence as proof
(a) of the order, decision, approval, notice or other thing, and
(b) that the designated officer signing it was authorized to do
so,
without proof of the signature or of the designation.
1995 c24 s95
Fees
630.1 A council may establish and charge fees for matters under
this Part.
1996 c30 s55
630.2 Repealed 2020 c39 s10(18).
Division 4
Statutory Plans
Intermunicipal Development Plans
Intermunicipal development plans
631(1) Subject to subsections (2) and (3), 2 or more councils of
municipalities that have common boundaries and that are not
members of a growth region as defined in section 708.01 must, by
each passing a bylaw in accordance with this Part or in accordance
with sections 12 and 692, adopt an intermunicipal development
plan to include those areas of land lying within the boundaries of
the municipalities as they consider necessary.
(2) Subsection (1) does not require municipalities to adopt an
intermunicipal development plan with each other if they agree
that they do not require one, but any of the municipalities may
revoke its agreement at any time by giving written notice to the
other or others, and where that notice is given the municipalities
must comply with subsection (1) within one year from the date
of the notice unless an exemption is ordered under subsection (3).
(3) The Minister may, by order, exempt one or more councils from
the requirement to adopt an intermunicipal development plan, and
the order may contain any terms and conditions that the Minister
considers necessary.
(4) Municipalities that are required under subsection (1) to adopt
an intermunicipal development plan must have an intermunicipal
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development plan providing for all of the matters referred to in
subsection (8) in place by April 1, 2020.
(5) If 2 or more councils that are required to adopt an
intermunicipal development plan under subsection (1) do not have
an intermunicipal development plan in place by April 1, 2020
because they have been unable to agree on a plan, they must
immediately notify the Minister and the Minister must, by order,
refer the matter to the Land and Property Rights Tribunal for its
recommendations in accordance with Part 12.
(6) Where the Minister refers a matter to the Land and Property
Rights Tribunal under this section, Part 12 applies as if the matter
had been referred to the Tribunal under section 514(2).
(7) Two or more councils of municipalities that are not otherwise
required to adopt an intermunicipal development plan under
subsection (1) may, by each passing a bylaw in accordance with
this Part or in accordance with sections 12 and 692, adopt an
intermunicipal development plan to include those areas of land
lying within the boundaries of the municipalities as they consider
necessary.
(8) An intermunicipal development plan
(a) must address
(i) the future land u se within the area,
(ii) the manner of and the proposals for future development
in the area,
(iii) the provision of transpor tation systems for the area,
either generally or specifically,
(iv) the co-ordinatio n of intermunicipal programs relating to
the physical, social and economic development of the
area,
(v) environmental matters withi n the area, either generally
or specifically, and
(vi) any other matter related to the physical, social or
economic development of the area that the councils
consider necessary,
and
(b) must include
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(i) a procedure to be used to resolve or attempt to resolve
any conflict between the municipalities that have
adopted the plan,
(ii) a procedure to be used, b y one or more municipalities, to
amend or repeal the plan, and
(iii) provisions relating to the administration of the plan.
(9) Despite subsection (8), to the extent that a matter is dealt with
in a framework under Part 17.2, the matter does not need to be
included in an intermunicipal development plan.
(10) In creating an intermunicipal development plan,
municipalities must negotiate in good faith.
RSA 2000 cM-26 s631;2016 c24 s97;2019 c22 s10(20);
2020 cL-2.3 s24(30)
Order for intermunicipal development plan
631.1(1) The Minister may make regulations
(a) repealed 2019 c22 s10(21);
(b) respecting the matters to be included in an intermunicipal
development plan.
(c) repealed 2019 c22 s10(21).
(1.1) After considering the recommendations of the Land and
Property Rights Tribunal respecting a matter referred to the
Tribunal under section 631(5), the Minister may, by order, require
2 or more municipal authorities to establish an intermunicipal
development plan in accordance with the order by a date specified
in the order.
(1.2) If the municipal authorities to whom an order under
subsection (1.1) applies do not comply with the order, the Minister
may make a further order establishing an intermunicipal
development plan that is binding on the municipal authorities.
(2) Repealed 2019 c22 s10(21).
2009 cA-26.8 s83;2019 c22 s10(21);2020 cL-2.3 s24(31)
Municipal Development Plans
Municipal development plans
632(1) Every council of a municipality must by bylaw adopt a
municipal development plan.
(2) Repealed 2016 c24 s98.
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(2.1) Within 3 years after the coming into force of this subsection,
a council of a municipality that does not have a municipal
development plan must by bylaw adopt a municipal development
plan.
(3) A municipal development plan
(a) must address
(i) the future land use within the municipality,
(ii) the manner of and the proposals for future development
in the municipality,
(iii) the co-ordination of land use, future growth patterns and
other infrastructure with adjacent municipalities if there
is no intermunicipal development plan with respect to
those matters in those municipalities,
(iv) the provision of the re quired transportation systems
either generally or specifically within the municipality
and in relation to adjacent municipalities, and
(v) the provision of municipa l services and facilities either
generally or specifically,
(b) may address
(i) proposals for the financing and programming of
municipal infrastructure,
(ii) the co-ordination of municipal programs relating to the
physical, social and economic development of the
municipality,
(iii) environmental matters within the municipality,
(iv) the financial resources of the municipality,
(v) the economic development of the municipality, and
(vi) any other matter relating to the physical, social or
economic development of the municipality,
(c) may contain statements regarding the municipality's
development constraints, including the results of any
development studies and impact analysis, and goals,
objectives, targets, planning policies and corporate
strategies,
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(d) must contain policies compatible with the subdivision and
development regulations to provide guidance on the type
and location of land uses adjacent to sour gas facilities,
(e) must contain policies resp ecting the provision of municipal,
school or municipal and school reserves, including but not
limited to the need for, amount of and allocation of those
reserves and the identification of school requirements in
consultation with affected school boards,
(f) must contain policies re specting the protection of
agricultural operations, and
(g) may contain policies respecting the provision of
conservation reserve in accordance with section 664.2(1)(a)
to (d).
(4) Repealed 2020 c39 s10(19).
RSA 2000 cM-26 s632;RSA 2000 c21(Supp) s4;2008 c37 s11;
2015 c8 s62;2016 c24 s98;2017 c13 s2(16);2020 c39 s10(19)
Area Structure Plans
Area structure plan
633(1) For the purpose of providing a framework for subsequent
subdivision and development of an area of land, a council may by
bylaw adopt an area structure plan.
(2) An area structure plan
(a) must describe
(i) the sequence of development proposed for the area,
(ii) the land uses proposed fo r the area, either generally or
with respect to specific parts of the area,
(iii) the density of population proposed for the area either
generally or with respect to specific parts of the area,
and
(iv) the general location of major transportation routes and
public utilities,
and
(b) may contain any other matte rs, including matters relating to
reserves, as the council considers necessary.
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(3) Repealed 2020 c39 s10(20).
RSA 2000 cM-26 s633;2015 c8 s63;2017 c13 s1(56);
2020 c39 s10(20)
Area Redevelopment Plans
Area redevelopment plans
634(1) A council may
(a) designate an area of the m unicipality as a redevelopment
area for the purpose of any or all of the following:
(i) preserving or improving land and buildings in the area;
(ii) rehabilitating buildings in the area;
(iii) removing buildings from the area;
(iv) constructing or replacing buildings in the area;
(v) establishing, improving or relocating roads, public
utilities or other services in the area;
(vi) facilitating any other development in the area,
(b) adopt, by bylaw, an area redevelopment plan,
(c) in accordance with this sec tion and Division 6, provide for
the imposition and collection of a levy to be known as a
"redevelopment levy", and
(d) authorize a designated officer, with or without conditions, to
perform any function with respect to the imposition and
collection of that redevelopment levy.
(2) Repealed 2020 c39 s10(21).
RSA 2000 cM-26 s634;2015 c8 s64;2020 c39 s10(21)
Plan contents
635 An area redevelopment plan
(a) must describe
(i) the objectives of the plan and how they are proposed to
be achieved,
(ii) the proposed land uses for the redevelopment area,
(iii) if a redevelopment levy i s to be imposed, the reasons for
imposing it, and
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(iv) any proposals for the acquisition of land for any
municipal use, school facilities, parks and recreation
facilities or any other purposes the council considers
necessary,
and
(b) may contain any other propo sals that the council considers
necessary.
1995 c24 s95
General Provisions
Statutory plan preparation
636(1) While preparing a statutory plan, a municipality must
notify the following and provide a means for suggestions and
representations to be made:
(a) any members of the public who may be affected by the plan;
(b) the school boards with jurisdiction in the area to which the
plan preparation applies;
(c) in the case of a municipal development plan,
(i) any adjacent municipalities,
(ii) the Indian band of any adjacent Indian reserve, and
(iii) any adjacent Metis settlement;
(d) in the case of an area structure plan,
(i) where the land that is the subject of the plan is adjacent
to another municipality, that municipality,
(ii) where the land that is the subject of the plan is within 1.6
kilometres of a provincial highway, the Minister
responsible for the Highways Development and
Protection Act, and
(iii) where the land that is the subject of the plan is adjacent
to an Indian reserve or Metis settlement, the Indian band
or Metis settlement.
(2) Subsection (1) does not apply to amendments to statutory plans.
RSA 2000 cM-26 s636;2008 c37 s11;2017 c13 s1(57);
2020 c39 s10(22)
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Effect of plans
637 The adoption by a council of a statutory plan does not require
the municipality to undertake any of the projects referred to in it.
1995 c24 s95
Consistency of plans
638(1) A municipal development plan must be consistent with any
intermunicipal development plan in respect of land that is identified
in both the municipal development plan and the intermunicipal
development plan.
(2) An area structure plan and an area redevelopment plan must be
consistent with
(a) any intermunicipal development plan in respect of land that
is identified in both the area structure plan or area
redevelopment plan, as applicable, and the intermunicipal
development plan, and
(b) any municipal development plan.
(3) An intermunicipal development plan prevails to the extent of
any conflict or inconsistency between
(a) a municipal development pla n, an area structure plan or an
area redevelopment plan, and
(b) the intermunicipal development plan
in respect of the development of the land to which the conflicting
or inconsistent plans apply.
(4) A municipal development plan prevails to the extent of any
conflict or inconsistency between
(a) an area structure plan or an area redevelopment plan, and
(b) the municipal development plan.
RSA 2000 cM-26 s638;2015 c8 s65;2020 c39 s10(23)
638.1 Repealed 2020 c39 s10(24).
Listing and publishing of policies
638.2(1) Every municipality must compile and keep updated a list
of any policies that may be considered in making decisions under
this Part
(a) that have been approved by council by resolution or bylaw,
or
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(b) that have been made by a body or person to whom powers,
duties or functions are delegated under section 203 or 209,
and that do not form part of a bylaw made under this Part.
(2) The municipality must publish the following on the
municipality's website:
(a) the list of the policies referred to in subsection (1);
(b) the policies described in subsection (1);
(c) a summary of the policies described in subsection (1) and of
how they relate to each other and how they relate to any
statutory plans and bylaws passed in accordance with this
Part;
(d) any documents incorporated by reference in any bylaws
passed in accordance with this Part.
(3) A development authority, subdivision authority, subdivision
and development appeal board, the Land and Property Rights
Tribunal or a court shall not have regard to any policy approved by
a council or by a person or body referred to in subsection (1)(b)
unless the policy is set out in the list prepared and maintained
under subsection (1) and published in accordance with subsection
(2).
(4) Repealed 2020 c39 s10(25).
2016 c24 s99;2020 cL-2.3 s24(41);2020 c39 s10(25)
Division 5
Land Use
639 Repealed 2020 c39 s10(26).
639.1 Repealed 2020 c39 s10(27).
Land use bylaw
640(1) Every municipality must pass a land use bylaw.
(1.1) A land use bylaw may prohibit or regulate and control the
use and development of land and buildings in a municipality,
including, without limitation, by
(a) imposing design standards,
(b) determining population density,
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(c) regulating the development of buildings,
(d) providing for the protection of agricultural land, and
(e) providing for any other m atter council considers necessary
to regulate land use within the municipality.
(2) A land use bylaw
(a) must divide the municipality into districts of the number and
area the council considers appropriate;
(b) must, unless the district is designated as a direct control
district pursuant to section 641, prescribe with respect to
each district,
(i) the one or more uses of land or buildings that are
permitted in the district, with or without conditions, or
(ii) the one or more uses of land or buildings that may be
permitted in the district at the discretion of the
development authority, with or without conditions,
or both;
(c) must establish a method of making decisions on applications
for development permits and issuing development permits
for any development, including provision for
(i) the types of developmen t permit that may be issued,
(ii) applying for a development permit,
(iii) processing an application for, or issuing, cancelling,
suspending or refusing to issue, a development permit,
(iv) the conditions that are to be attached, or that the
development authority may attach, to a development
permit, either generally or with respect to a specific type
of permit,
(v) how long any type of development permit remains in
effect,
(vi) the discretion that the development authority may
exercise with respect to development permits, and
(vii) any other matters necessary to regulate and control the
issue of development permits that to the council appear
necessary;
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(c.1) may authorize the use of an automated system for making
decisions on applications for development permits and
issuing development permits, if applicable;
(d) must provide for how and to whom notice of the issuance of
a development permit is to be given;
(e) must establish the number of dwelling units permitted on a
parcel of land.
(2.1) Notwithstanding subsection (2)(c.1), the Minister may, by
regulation, require a municipality to use an automated system
referred to in clause (c.1).
(2.2) A regulation under subsection (2.1) may apply either
generally or specifically.
(3) A land use bylaw may identify additional land as adjacent land
for the purpose of notification under sections 653, 679, 680 and
692.
(4) Repealed 2020 c39 s10(28).
(5) A land use bylaw may provide that when an application for a
development permit or change in land use designation is refused
another application with respect to the same lot
(a) for a development permit for the same or a similar use, or
(b) for a change in land use designation
may not be made by the same or any other applicant until the time
stated in the land use bylaw has expired.
(6) A land use bylaw may authorize a development authority to
decide on an application for a development permit even though the
proposed development does not comply with the land use bylaw or
is a non-conforming building if, in the opinion of the development
authority,
(a) the proposed development would not
(i) unduly interfere with the amenities of the
neighbourhood, or
(ii) materially interfere with o r affect the use, enjoyment or
value of neighbouring parcels of land,
and
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(b) the proposed development conforms with the use prescribed
for that land or building in the land use bylaw.
(7) A land use bylaw must be consistent with the applicable
requirements of the regulations under the Gaming, Liquor and
Cannabis Act respecting the location of premises described in a
cannabis licence and distances between those premises and other
premises.
(8) Despite this section or any other provision of this Act, the
authority to pass a land use bylaw does not include the authority to
pass a bylaw in respect of the use of a building or part of a building
for residential purposes that has the effect of distinguishing
between any individuals on the basis of whether they are related or
unrelated to each other.
(9) The Minister may by order direct a municipality to amend its
land use bylaw in respect of the use of a building or part of a
building for residential purposes if the land use bylaw has the effect
of distinguishing between senior citizens on the basis of whether
they are related or unrelated to each other.
RSA 2000 cM-26 s640;2016 c24 s100;2017 c21 s28;
2020 c39 s10(28);2026 c10 s4(29)
640.1 Repealed 2020 c39 s10(29).
Transitional - alternative time period in
land use bylaw
640.2(1) In this section, "alternative time period" means an
alternative time period authorized by section 640.1 of this Act as it
read immediately before the coming into force of this section.
(2) Where, on the coming into force of this section, a land use
bylaw providing for an alternative time period is in force, the
provisions of the bylaw providing for the alternative time period
continue to have effect for a period of 6 months beginning on the
day this section comes into force.
2020 c39 s10(30)
Community design codes
640.3(1) In this section, "community design code" means a
community design code established under subsection (2).
(2) The Minister may, by regulation, establish one or more
community design codes for residential and commercial
subdivision, development and redevelopment.
(3) A community design code may
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(a) create rules regulating asp ects of land use and development
in all or part of a municipality, including
(i) architectural styles,
(ii) districting,
(iii) frontage standards and heights,
(iv) historical architectural styles,
(v) landscaping, park s and open spaces, or
(vi) parking and street design,
(b) create processes and proced ures for a municipality to adopt
the community design code by bylaw, or
(c) establish alternative crite ria and timelines for subdivision
and development approvals in those parts of a municipality
where the community design code has been adopted.
(4) Unless the contrary is expressed in the community design code,
the community design code
(a) operates despite any statutory plan, land use bylaw or other
regulations under this Part, and
(b) is binding on a subdivision authority, development authority
and subdivision and development appeal board and the Land
and Property Rights Tribunal.
(5) A municipality may, by bylaw, adopt a community design
code.
(6) Notwithstanding subsection (5), the Minister may by order
require a municipality to pass a bylaw adopting a community
design code in respect of all or part of the municipality.
2026 c10 s4(30)
Designation of direct control districts
641(1) The council of a municipality that has adopted a municipal
development plan, if it wishes to exercise particular control over
the use and development of land or buildings within an area of the
municipality, may in its land use bylaw designate that area as a
direct control district.
(2) If a direct control district is designated in a land use bylaw, the
council may, subject to any applicable statutory plan, regulate and
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control the use or development of land or buildings in the district in
any manner it considers necessary.
(3) In respect of a direct control district, the council may decide on
a development permit application or may delegate the decision to a
development authority with directions that it considers appropriate.
(4) Repealed 2015 c8 s66.
RSA 2000 cM-26 s641;2015 c8 s66
Permitted and discretionary uses
642(1) When a person applies for a development permit in respect
of a development provided for by a land use bylaw pursuant to
section 640(2)(b)(i), the development authority must, if the
application otherwise conforms to the land use bylaw and is
complete in accordance with section 683.1, issue a development
permit with or without conditions as provided for in the land use
bylaw.
(2) When a person applies for a development permit in respect of a
development that may, in the discretion of a development authority,
be permitted pursuant to section 640(2)(b)(ii), the development
authority may, if the application is complete in accordance with
section 683.1, issue a development permit with or without
conditions as provided for in the land use bylaw.
(3) A decision of a development authority on an application for a
development permit must be in writing, and a copy of the decision,
together with a written notice specifying the date on which the
written decision was given and containing any other information
required by the regulations, must be given or sent to the applicant
on the same day the written decision is given.
(4) If a development authority refuses an application for a
development permit, the development authority must issue to the
applicant a notice, in the form and manner provided for in the land
use bylaw, that the application has been refused and provide the
reasons for the refusal.
(5) Despite subsections (1) and (2), a development authority must
not issue a development permit if the proposed development does
not comply with the applicable requirements of regulations under
the Gaming, Liquor and Cannabis Act respecting the location of
premises described in a cannabis licence and distances between
those premises and other premises.
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(6) A development authority that issues a development permit
under subsection (1) or a notice under subsection (4) must do so in
accordance with the regulations.
RSA 2000 cM-26 s642;2016 cs24 s102;2017 c13 s1(58);
2017 c21 s28;2018 c11 s13;2020 c39 s10(31);2026 c10 s4(31)
Non-conforming use and non-conforming buildings
643(1) If a development permit has been issued on or before the
day on which a land use bylaw or a land use amendment bylaw
comes into force in a municipality and the bylaw would make the
development in respect of which the permit was issued a
non-conforming use or non-conforming building, the development
permit continues in effect in spite of the coming into force of the
bylaw.
(2) A non-conforming use of land or a building may be continued
but if that use is discontinued for a period of 6 consecutive months
or more, any future use of the land or building must conform with
the land use bylaw then in effect.
(3) A non-conforming use of part of a building may be extended
throughout the building but the building, whether or not it is a
non-conforming building, may not be enlarged or added to and no
structural alterations may be made to it or in it.
(4) A non-conforming use of part of a lot may not be extended or
transferred in whole or in part to any other part of the lot and no
additional buildings may be constructed on the lot while the
non-conforming use continues.
(5) A non-conforming building may continue to be used but the
building may not be enlarged, added to, rebuilt or structurally
altered except
(a) to make it a conforming building,
(b) for routine maintenance of the building, if the development
authority considers it necessary, or
(c) in accordance with a land us e bylaw that provides minor
variance powers to the development authority for the
purposes of this section.
(6) If a non-conforming building is damaged or destroyed to the
extent of more than 75% of the value of the building above its
foundation, the building may not be repaired or rebuilt except in
accordance with the land use bylaw.
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(7) The land use or the use of a building is not affected by a
change of ownership or tenancy of the land or building.
1995 c24 s95
Acquisition of land designated for public use
644(1) If land is designated under a land use bylaw for use or
intended use as a municipal public building, school facility, park or
recreation facility and the municipality does not own the land, the
municipality must within 6 months from the date the land is
designated do one of the following:
(a) acquire the land or require the land to be provided as reserve
land;
(b) commence proceedings to acqui re the land or to require the
land to be provided as reserve land and then acquire that
land within a reasonable time;
(c) amend the land use bylaw to designate the land for another
use or intended use.
(2) Subsection (1) does not apply if the Crown in right of Canada,
the Crown in right of Alberta, an irrigation district, a board of a
drainage district or a local authority, within 6 months from the date
the land is designated under that subsection,
(a) acquires that land, or
(b) commences proceedings to ac quire that land or requires that
land to be provided as reserve land and then acquires it
within a reasonable time.
(3) Subsection (1) does not apply to land designated by the
municipality as conservation reserve.
RSA 2000 cM-26 s644;2016 cs24 s103
Stop order
645(1) Despite section 545, if a development authority finds that a
development, land use or use of a building is not in accordance
with
(a) this Part or a land use bylaw or regulations under this Part,
or
(b) a development permit or subdivision approval,
the development authority may act under subsection (2).
(2) If subsection (1) applies, the development authority may, by
written notice, order the owner, the person in possession of the land
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or building or the person responsible for the contravention, or any
or all of them, to
(a) stop the development or use of the land or building in whole
or in part as directed by the notice,
(b) demolish, remove or replace the development, or
(c) carry out any other actions required by the notice so that the
development or use of the land or building complies with
this Part, the land use bylaw or regulations under this Part, a
development permit or a subdivision approval,
within the time set out in the notice.
(2.1) A notice referred to in subsection (2) must specify the date
on which the order was made, must contain any other information
required by the regulations and must be given or sent to the person
or persons referred to in subsection (2) on the same day the
decision is made.
(3) A person who receives a notice referred to in subsection (2)
may appeal the order in the notice in accordance with section 685.
RSA 2000 cM-26 s645;2017 c13 s1(59);2022 c16 s9(80)
Enforcement of stop order
646(1) If a person fails or refuses to comply with an order directed
to the person under section 645 or an order of a subdivision and
development appeal board under section 687, the municipality
may, in accordance with section 542, enter on the land or building
and take any action necessary to carry out the order.
(2) A municipality may register a caveat under the Land Titles Act
in respect of an order referred to in subsection (1) against the
certificate of title for the land that is the subject of the order.
(3) If a municipality registers a caveat under subsection (2), the
municipality must discharge the caveat when the order has been
complied with.
1995 c24 s95
Division 6
Development Levies and Conditions
Redevelopment levies
647(1) If a person applies for a development permit in respect of
development in a redevelopment area and the area redevelopment
plan contains proposals for residential, commercial or industrial
development, a redevelopment levy may be imposed on the
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applicant in accordance with the bylaw adopting the area
redevelopment plan.
(2) A redevelopment levy imposed and collected must be used to
provide, in respect of the redevelopment area,
(a) land for a park or land for school buildings designed for the
instruction or accommodation of students, or
(b) land for new or expanded recreation facilities,
or both.
(3) On September 1, 1995 a redevelopment levy under the former
Act continues as a redevelopment levy under this Part.
(4) A redevelopment levy imposed and collected under this Part or
the former Act may be imposed and collected only once in respect
of a development.
(5) A redevelopment levy imposed pursuant to this Part may vary
between one class of development and another in a redevelopment
area.
(6) If a redevelopment levy is collected, the municipality must pay
that portion of the levy imposed to provide land for school
buildings designed for the instruction or accommodation of
students to the one or more school boards.
RSA 2000 cM-26 s647;2008 c37 s11
Off-site levy
648(1) In this section and sections 648.01 to 648.4,
(a) "facility" includes the facility, the associated infrastructure,
the land necessary for the facility and related appurtenances
referred to in subsection (2.1);
(b) "infrastructure" means the infrastructure, facilities and land
required for the purposes referred to in subsection (2)(a) to
(c.1);
(c) "stakeholder" means any pers on that will be required to pay
an off-site levy when the bylaw is passed, or any other
person the municipality considers is affected.
(1.1) For the purposes referred to in subsections (2) and (2.1), a
council may by bylaw
(a) provide for the imposition an d payment of a levy in respect
of land that is to be developed or subdivided, and
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(b) authorize an agreement to b e entered into in respect of the
payment of the levy.
(1.2) A bylaw may not impose an off-site levy on land required
for a
(a) school building project that is owned by a school board or
charter school,
(b) school building project that is leased to
(i) a school board in accordan ce with section 187.1(4)(b) of
the Education Act, or
(ii) a charter school,
(c) development for a school building on land that is owned by
an accredited independent school, or
(d) development for a school bui lding on land that is leased by
an accredited independent school.
(2) An off-site levy may be used only to pay for all or part of the
capital cost of any or all of the following:
(a) new or expanded facilities for the storage, transmission,
treatment or supplying of water;
(b) new or expanded facilities fo r the treatment, movement or
disposal of sanitary sewage;
(c) new or expanded storm sewer drainage facilities;
(c.1) new or expanded roads required for or impacted by a
subdivision or development;
(c.2) subject to the regulations, new or expanded transportation
infrastructure required to connect, or to improve the
connection of, municipal roads to provincial highways
resulting from a subdivision or development;
(d) land required for or in connection with any facilities
described in clauses (a) to (c.2).
(2.1) In addition to the capital cost of facilities described in
subsection (2), an off-site levy may be used to pay for all or part of
the capital cost for any of the following purposes, including the
cost of any related appurtenances and any land required for or in
connection with the purpose:
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(a) new or expanded community recreation facilities;
(b) new or expanded fire hall facilities;
(c) new or expanded police station facilities;
(d) new or expanded libraries.
(2.11) An off‑site levy may not be used to pay for the following:
(a) operational costs;
(b) capital costs relating to c ommercial retail facilities included
in the design of a facility referred to in subsection (2) or
(2.1) that are not required to deliver the facility's core
services;
(c) anything not permanently a ffixed to a facility referred to in
subsection (2) or (2.1);
(d) capital costs referred to in subsection (2) or (2.1) incurred to
build to a standard higher than the standard required under
any applicable building codes.
(2.2) Subject to an appeal under section 648.1, an off-site levy may
be imposed and collected for a purpose referred to in subsection
(2.1) only if no off-site levy has been previously imposed under
subsection (1.1) for the same purpose with respect to the land on
which the off-site levy is being imposed.
(3) On September 1, 1995 an off-site levy under the former Act
continues as an off-site levy under this Part.
(4) An off-site levy imposed under this section or the former Act
may be collected once for each purpose described in subsection (2)
or (2.1), in respect of land that is the subject of a development or
subdivision, if
(a) the purpose of the off-site levy is authorized in the bylaw
referred to in subsection (1.1), and
(b) the collection of the off-site levy for the purpose authorized
in the bylaw is specified in the agreement referred to in
subsection (1.1).
(4.1) Nothing in subsection (4) prohibits the collection of an off-
site levy by instalments or otherwise over time.
(5) An off-site levy collected under this section, and any interest
earned from the investment of the levy,
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(a) must be accounted for separately from other levies collected
under this section, and
(b) must be used only for the specific purpose described in
subsection (2)(a) to (c.2) or (2.1)(a) to (d) for which it is
collected or for the land required for or in connection with
that purpose.
(6) A bylaw under subsection (1.1) must be advertised in
accordance with section 606 unless
(a) the bylaw is passed before January 1, 2004, or
(b) the bylaw is passed on or after January 1, 2004 but at least
one reading was given to the proposed bylaw before that
date.
(7) Where after March 1, 1978 and before January 1, 2004 a fee or
other charge was imposed on a developer by a municipality
pursuant to a development agreement entered into by the developer
and the municipality for the purpose described in subsection
(2)(c.1), that fee or charge is deemed
(a) to have been imposed pursuant to a bylaw under this
section, and
(b) to have been validly imposed and collected
effective from the date the fee or charge was imposed.
(8) If, before the coming into force of this subsection, a fee or
other charge was imposed on a developer by a municipality
pursuant to a development agreement entered into by the developer
and the municipality for one or more purposes described in
subsection (2) or (2.1), that fee or charge is deemed
(a) to have been imposed pursuant to a bylaw under this
section, and
(b) to have been validly imposed and collected effective from
the date the fee or charge was imposed.
(9) If, before the coming into force of this subsection, a bylaw was
made that purported to impose a fee or other charge on a developer
for a purpose described in subsection (2) or (2.1),
(a) that bylaw is deemed to have been valid and enforceable to
the extent that it imposed a fee or charge for a purpose
described in subsection (2) or (2.1) before the coming into
force of this subsection, and
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(b) any fee or charge imposed pursuant to the bylaw before the
coming into force of this subsection is deemed to have been
validly imposed and collected effective from the date the fee
or charge was imposed.
RSA 2000 cM-26 s648;2003 c43 s3;2012 cE-0.3 s279;2015 c8 s67;
2016 c24 s104;2017 c13 ss1(60),2(17);2020 c39 s10(32);
2025 c13 s2(17);2026 c10 s4(32)
Intermunicipal off-site levy
648.01(1) For the purpose of section 648(1.1) and subject to the
requirements of section 12, 2 or more municipalities may provide
for an off-site levy to be imposed on an intermunicipal basis.
(2) Where 2 or more municipalities provide for an off-site levy to
be imposed on an intermunicipal basis, the municipalities shall
enter into such agreements as are necessary to attain the purposes
described in section 648(2) or (2.1) that are to be funded by an
off-site levy under section 648(1.1), by a framework made under