Bill 37

Bill 37 is Provincial Legislation, The Planning Amendment & City of Winnipeg Charter Amendment Act. A copy of the legislation is available on the Province of Manitoba’s website: https://web2.gov.mb.ca/bills/42-3/b037e.php, including amendments adopted at committee stage . The Province's additional amendments to the Planning Act do not apply to the City of Winnipeg, with the exception of such items related to the formation of the Capital Planning Region.

The proclamation table outlines the Bill 37 sections, subsections and clauses that were proclaimed on October 27, 2021 and came into effect on October 29, 2021.

The City supports predictable and consistent processing times for development applications. To assist with meeting the service standards established in Bill 37, the City has:

1. developed an inter-departmental service level agreement (SLA) with internal stakeholders, covering all development applications, including those not subject to Bill 37 to ensure timely processing for customers
2. improved communication of submission requirements on development application forms for applicants to ensure all "required" and "may be required" documentation (based on scope of work, location, etc.) is submitted before an application is considered complete for processing

According to the City of Winnipeg Development Procedures By-law 104-2020 :

In addition to any requirement determined by the Director pursuant to subsection (1), a development application must include:

1. payment of the applicable fee, and
2. all information that the designated employee determines is reasonably required for the approving authority to assess and make a decision in respect of the development application.

To understand application requirements, customers can refer to the checklist provided on the applicable Development Application form. Please note that once your application is submitted, it will be reviewed for completeness. You will be notified in writing if your application is complete for processing or if additional information is required.

No, as per the City's Planning, Development, and Building Fees and Charges, no refund will be provided if a decision on the application has already been made. Please refer to the Planning, Development, and Building Fees By-law 66/2016 for further information.

No, an application cannot be processed by the City until it is formally accepted as complete.

No, your application needs to be formally accepted as complete for processing first, and then the City determines the next available hearing date once all internal and external stakeholders have had a chance to review the circulated application package. You will be notified of a hearing date once it has been determined.

If a development application is circulated concurrently with a variance or conditional use application, the development application may be approved conditionally pending the expiration of the appeal period for the variance or conditional use. Should the variance or conditional use be rejected, the development application will have not met the conditions of approval, be unable to proceed and considered closed. Any changes to the plan will require a new development application for subdivision.

Depending on the nature of the application:

1. supplementary information or clarifications may be required after the acceptance of a complete application for processing
2. we may no longer be able to process multiple applications affecting the same site concurrently to ensure legislative timelines can be achieved

Bill 37 requires secondary plans to follow the same approval process as zoning bylaws. As such, applications related to secondary plans will be subject to a public hearing before the first reading. We strongly recommend applicants submit a pre-application to gain inter-departmental input on a secondary plan proposal before submitting a formal application. The pre-application will help to identify any items that may need to be considered in advance of a formal application.

The City will be releasing development agreements prior to other ancillary agreements.

The City will require development permit approval prior to building permit application. Learn more about zoning information and development permits.

No, only applications outlined in the legislation can be appealed to the Municipal Board. For example, variance and conditional use applications cannot be appealed.

Appeal of refusal:
In accordance with Bill 37, section 275(3) of the Charter allows the owner of real property to appeal any of the following applications:

• amendment to a secondary plan or zoning by-law
• plan of subdivision
• amendment to a development agreement
• consent to registration or filing of a conveyance

that were refused as per section 275(2) for any of the following reasons:

• non-conformance with the Capital Planning Region's regional planning by-law, the development plan (OurWinnipeg), or an applicable secondary plan; or
• submittal of an application that is the same as or substantially similar to an application previously rejected within the last year

Appeal of decision:
In accordance with Bill 37, section 282.1(1) Appeal of decisions the Charter allows the owner of real property to appeal a decision on any of the following to The Municipal Board:

1. the refusal or rejection of
1. an application respecting a secondary plan by-law or a zoning by-law, or
2. an application to approve a plan of subdivision;
2. the refusal of an application to amend a development agreement;
3. the refusal to consent to registration or filing of a conveyance;
4. a decision to impose conditions on the approval of an application referred to in clauses (a) or (b);
5. [not yet proclaimed]
6. a decision of a designated employee that an application is incomplete.

Appeals concerning failing to proceed:
In accordance with Bill 37, section 282.2(1) of the Charter allows applicants to appeal matters to The Municipal Board that are not decided within a specified time period.

Objections to proposals respecting a proposed zoning by-law or secondary plan
In accordance with Bill 37, section 236.1 of the Charter requires that proposals respecting a zoning by-law or secondary plan be referred to The Municipal Board when sufficient objections are received at the Public Hearing and again after first reading. In order to be considered ‘significant’, section 236.1(1) of the Charter indicates that objections must be received from at least:

• 25 voters, or
• 50% of the total number of registered owners of land located within 100 metres of the real property affected by the bylaw