BILL NO. 83
(as introduced)
5th Session, 61st General Assembly
Nova Scotia
62 Elizabeth II, 2013
Halifax Regional Municipality Charter
(amended)
The Honourable John MacDonell
Minister of Service Nova Scotia and Municipal Relations
First Reading: May 7, 2013
Second Reading: May 7, 2013
Third Reading: May 9, 2013 (LINK TO BILL AS PASSED)
Explanatory Note
This Bill amends the Halifax Regional Municipality Charter to
(a) define and delineate a "Centre Plan Area" in the central area of the Halifax Regional Municipality on both sides of Halifax Harbour and define "affordable housing";
(b) permit incentive or bonus zoning under the land-use by-law or incentive or bonus zoning agreements in the Centre Plan Area ;
(c) authorize the HRM Council to include requirements in a land-use by-law that provides for incentive or bonus zoning in the central area of the Municipality , including the existing HRM by Design Downtown Plan Area ;
(d) require the inclusion of affordable housing as a contribution for incentive or bonus zoning for a development in the Centre Plan Area;
(e) authorize the Council to accept money in lieu of contributions under an incentive or bonus zoning agreement for incentive or bonus zoning in the central area of the Municipality; and
(f) authorize the Minister to make regulations respecting
(ii) public consultation prior to site-plan approvals in the Centre Plan Area.
An Act to Amend Chapter 39
of the Acts of 2008,
the Halifax Regional Municipality Charter
Be it enacted by the Governor and Assembly as follows:
1 Subsection 31A(1) of Chapter 39 of the Acts of 2008, the Halifax Regional Municipality Charter, as enacted by Chapter 41 of the Acts of 2008, is amended by adding "and the Centre Plan Area" immediately after "Area" in the second line.
2 Section 209 of Chapter 39, as amended by Chapter 41 of the Acts of 2008, is further amended by
(a) relettering clause (a) as clause (aa) and adding immediately before that clause the following clause:
(b) adding immediately after clause (aa) the following clause:
3 (1) Clause 235(5)(k) of Chapter 39, as amended by Chapter 41 of the Acts of 2008 and Chapter 16 of the Acts of 2009, is further amended by adding "and the Centre Plan Area, including requirements for incentive or bonus zoning" immediately after "Area".
(2) Section 235, as amended by Chapter 41 of the Acts of 2008, Chapter 16 of the Acts of 2009 and Chapter 16 of the Acts of 2010, is further amended by adding immediately after subsection (5) the following subsection:
4 (1) Subsection 245A(1) of Chapter 39, as enacted by Chapter 41 of the Acts of 2008 and amended by Chapter 16 of the Acts of 2009, is further amended by adding "and the Centre Plan Area" immediately after "Area" in the third line.
(2) Section 245A of Chapter 39, as enacted by Chapter 41 of the Acts of 2008 and amended by Chapter 16 of the Acts of 2009, is further amended by adding immediately after subsection (3) the following subsections:
(5) Notwithstanding subsection (4), the land-use by-law may provide that the Council may accept money in lieu of a contribution under this Section.
(6) The Municipality shall use any money accepted in lieu of a contribution under this Section for the purpose for which the money was accepted.
5 (1) Clause 246(1)(h) of Chapter 39, as enacted by Chapter 41 of the Acts of 2008 and amended by Chapter 16 of the Acts of 2009, is further amended by adding "and the Centre Plan Area" immediately after "Area" in the second line.
(2) Clause 246(3)(l) of Chapter 39, as amended by Chapter 41 of the Acts of 2008 and Chapter 16 of the Acts of 2009, is further amended by adding "and the Centre Plan Area" immediately after "Area".
6 (1) Subsection 246A(1) of Chapter 39, as enacted by Chapter 41 of the Acts of 2008 and amended by Chapter 16 of the Acts of 2009, is further amended by
(a) striking out "a design review committee" in the first and second lines and substituting "one or more design review committees"; and
(b) adding "and the Centre Plan Area" immediately after "Area" in the second line.
(2) Section 246A of Chapter 39, as enacted by Chapter 41 of the Acts of 2008 and amended by Chapter 16 of the Acts of 2009, is further amended by adding immediately after subsection (6) the following subsection:
7 Subsection 247(7) of Chapter 39, as enacted by Chapter 41 of the Acts of 2008 and amended by Chapter 16 of the Acts of 2009, is further amended by adding "and the Centre Plan Area" immediately after "Area" in the second line.
8 Clause 250(2)(d) of Chapter 39, as amended by Chapter 41 of the Acts of 2008 and Chapter 16 of the Acts of 2009, is further amended by adding "and the Centre Plan Area" immediately after "Area".
9 Chapter 39 is further amended by adding immediately after Section 277 the following Section:
(a) respecting the nature and extent of affordable housing to be required by subsections 235(6) and 245A(4) and the enforcement of the affordable housing requirements;
(b) with respect to the Centre Plan Area, prescribing additional requirements for public consultation that must take place prior to an application for site-plan approval being submitted to the Municipality.
(2) The exercise by the Minister of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.
10 Chapter 39 is further amended by adding immediately after Schedule B the following Schedule:
11 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2013 Crown in right of Nova Scotia. Created May 10, 2013. Send comments to legc.office@novascotia.ca.
