Planning and Development Act, 2007 (Saskatchewan)

Planning and Development Act, 2007 (Saskatchewan)
Name	Planning and Development Act, 2007
Jurisdiction	Saskatchewan
Enacted	2007
Citation	S.S. 2007, c. P-13.2
Status	current

Planning and Development Act, 2007 (Saskatchewan) is a provincial statute enacted in 2007 that modernized land use, subdivision, and development regulation in Saskatchewan by consolidating and replacing earlier statutes and instruments. The Act interfaces with municipal frameworks like the City of Regina, City of Saskatoon, and rural municipalities such as Rural Municipality of Moose Jaw No. 161, and affects stakeholders including the Saskatchewan Ministry of Government Relations, Saskatchewan Association of Rural Municipalities, and indigenous bodies like the Federation of Sovereign Indigenous Nations. It aligns provincial policy with planning approaches evident in jurisdictions such as Alberta, British Columbia, Ontario, and statutory models like the Planning Act, 1990 (Ontario).

Background and Legislative History

The Act originated from policy reviews by Saskatchewan Ministry of Government Relations, legislative initiatives from the Legislative Assembly of Saskatchewan, and submissions by municipal organizations including the Saskatchewan Association of Rural Municipalities and the Saskatchewan Urban Municipalities Association. Influences included precedents from the Municipalities Act (Saskatchewan), historical instruments such as the Planning and Development Act, 1983 (Saskatchewan), and comparative studies from provinces like Manitoba and territories such as the Northwest Territories. Debates in the Legislative Assembly of Saskatchewan engaged stakeholders from the University of Saskatchewan, University of Regina, and professional bodies including the Canadian Institute of Planners and the Canadian Bar Association.

Scope and Purpose

The Act provides the statutory framework for official community planning in municipalities including Regina, Saskatoon, and northern towns like La Ronge, setting out powers for official community plans, zoning bylaws, and subdivision control. It aims to reconcile municipal planning with provincial statutory objectives such as stewardship of land near heritage sites like Wanuskewin Heritage Park and infrastructure corridors like the Yellowhead Highway. Objectives echo principles found in instruments like the Canada Lands Surveys Act and intersect with provincial agencies such as Saskatchewan Watershed Authority and regulatory regimes exemplified by the Environmental Management and Protection Act, 2010.

Key Provisions

Key provisions authorize municipalities to adopt official community plans and zoning bylaws, require subdivision approval processes, and institute development permit regimes applicable to cities such as Prince Albert and towns like Moose Jaw. The Act sets out matters to be addressed in planning instruments drawing on policy areas represented by agencies like Saskatchewan Research Council and standards comparable to Canadian Standards Association publications. It establishes criteria for land use compatibility near infrastructure linked to entities such as Canadian National Railway and SaskPower, and contains provisions for heritage conservation comparable to frameworks used at Fort Walsh National Historic Site.

Planning Instruments and Processes

The Act prescribes instruments including official community plans, zoning bylaws, subdivision bylaws, development permits, and plan amendments, used by municipalities from metropolitan areas like Regina to northern settlements like Lloydminster. Processes involve public notice, hearings, and adoption procedures that interact with tribunals and appeals mechanisms similar to those used by bodies such as the Saskatchewan Municipal Board and administrative structures like the Saskatchewan Information and Privacy Commissioner in procedural contexts. The subdivision approval process requires coordination with provincial ministries including the Saskatchewan Ministry of Highways and Infrastructure and agencies responsible for environmental assessment such as the Saskatchewan Environmental Assessment Branch.

Roles and Responsibilities

The Act delineates roles for municipal councils in cities like Saskatoon, rural councils such as the Rural Municipality of Corman Park No. 344, and northern administrations, while assigning oversight and advisory functions to the Minister of Government Relations, provincial departments, and planning authorities including the Saskatchewan Landlords Association and professional planners accredited by the Professional Standards Board (Canada). Indigenous consultation responsibilities engage organizations like the Federation of Sovereign Indigenous Nations and federal partners such as Crown-Indigenous Relations and Northern Affairs Canada when matters affect reserve lands or treaty rights recognized under instruments like the Numbered Treaties.

Appeals, Enforcement, and Compliance

The statute establishes appeal routes and enforcement mechanisms that may involve adjudicative bodies patterned after the Saskatchewan Municipal Board and administrative law processes similar to those before the Court of Queen's Bench of Saskatchewan and appellate oversight akin to the Court of Appeal for Saskatchewan. Compliance tools include fines, stop orders, and remedies paralleling enforcement under statutes like the Planning and Development Act, 1983 (Saskatchewan), and require coordination with enforcement agencies such as municipal bylaw enforcement officers and provincial entities like Saskatchewan Ministry of Corrections, Policing and Public Safety for significant contraventions.

Amendments and Subsequent Developments

Since 2007 the Act has been amended through legislative measures introduced in the Legislative Assembly of Saskatchewan and regulatory updates reflecting evolving priorities including municipal growth strategies in Saskatoon and Regina, infrastructure initiatives linked to Crown Investments Corporation of Saskatchewan, and collaborative planning with indigenous governments referenced through frameworks like the Truth and Reconciliation Commission of Canada calls to action. Subsequent developments include integration with provincial land use policies, case law from courts such as the Court of Appeal for Saskatchewan, and policy guidance from academic institutions like the University of Saskatchewan and professional organizations including the Canadian Institute of Planners.

Category:Acts of the Saskatchewan Legislature Category:Urban planning in Canada