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Proposed Bill 51 Regulations (including Transition) Posted On EBR

The Ministry of Municipal Affairs and Housing has posted a series of proposed regulations for Bill 51 on the Environmental Bill of Rights for comment.

The various proposed regulations (a list is available here ) include a brief transition proposal.  It is proposed that Bill 51 would apply to all applications made on or after the date the legislation comes into effect, which is likely to be the day that it was introduced in the legislature, December 12, 2005.

The proposed regulations include amendments to existing regulations to enhance the requirements for a "complete application" under the Planning Act, which would require a planning justification report showing consistentcy with the PPS, conformity with other provincial plans, and other technical issues dealing with infrastructure and noise attenuation.

The proposed regulations also deal with
timeframes for municipal councils to address new evidence at the OMB (30 days);requirements for the establishment of local appeal boards (OP and zoning must be up to date and conform with applicable provincial plans) ;matters that may be addressed in zoning by-laws with conditions;matters regarding community improvement plans.
Comments may be made on the proposed regulations for 90 days (last day October 2, 2006).  Based on this timing, it is safe to assume the Bill will not be passed prior to that date, and presumably a period following it so the submissions can be considered prior to the final regulations coming into force.

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