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In This Volume

  • 292 (1) For the purpose of regulating the subdivision of land, the Council may make by-laws
  • (a) regulating the area, shape, and dimensions of parcels of land and the dimensions, locations, alignment, and gradient of streets in connection with the subdivision of land, and may make different regulations for different uses and for different zones of the city;
  • (b) requiring that a proposed subdivision
    • (i) be suited to the configuration of the land being subdivided;
    • (ii) be suited to the use for which it is intended; and
    • (iii) must not make impracticable the future subdivision of the land within the proposed subdivision or of any adjacent land;
  • (c) requiring that the streets within the subdivision be cleared, graded, drained and surfaced to the prescribed standard;
  • (d) establishing minimum standards with respect to the matters referred to in paragraphs (a) to (c);
  • (d.1) providing exceptions to the minimum standards under paragraph (d), or establishing different minimum standards with respect to matters referred to in paragraphs (a) to (c), for land that is occupied by a building or structure which has heritage value;
  • (e) requiring that a water-distribution system, a sanitary sewage-collection system, or storm-water collection system or a combined sewage-collection system, or any of them, be provided in accordance with standards set out in the by-law, and requiring that provision be made for the connection of such systems with the established systems of the city, but if the city requires that any mains of such systems be of a diameter in excess of that required to service the subdivision, the city shall assume and pay the cost of providing the excess capacity;
  • (f) requiring that all power-lines, telephone-lines, or any other wires or cables shall be installed underground. The by-law may provide that the Council shall have power to waive this requirement where the applicant for the subdivision would be put to an unreasonable expense;
  • (g) for providing that
    • (i) upon any subdivision of a parcel of land exceeding twenty acres there shall be conveyed to the city, without compensation, a portion of such land for park or recreation purposes other than streets, such portion not to exceed ten per centum of the land included in the subdivision;
    • (ii) the size, dimensions, and location of the portion of the land to be conveyed to the city shall be determined by the approving officer;
    • (iii) the Council may accept in lieu of the conveyance to the city of the lands to which it is entitled hereunder, or any portion thereof, the payment of a sum of money equivalent to the actual value of such land or portion thereof immediately prior to the subdivision;
    • (iv) the conveyance to the city of the lands to which it is entitled hereunder shall contain a provision that such lands may be sold, leased, or otherwise alienated by the Council after the expiration of three years from the date of the conveyance;
    • (v) a further subdivision of the lands included in a subdivision, a portion of which has been conveyed to the city for the purposes aforesaid, shall not be subject to the provisions of a by-law passed pursuant to clause (g);
    • (vi) all moneys received by the city pursuant to the provisions of clauses (iii) and (iv) shall be held in trust and used only for the purpose of providing public park or recreation facilities;
  • (h) establishing and imposing subdivision application fees payable to the city, which may vary according to the size of the property to be subdivided, the number of lots to be created and the type or classification of the property;
  • (i) establishing and imposing fees payable to the city for changes to a subdivision plan or a by-law under this section.
  • (1.1) A fee under subsection (1) (h) or (i) must not exceed the estimated average costs of processing, inspection, advertising and administration that are usually related to the type of application to which the fee relates.
  • (2) The owner of land being subdivided shall provide, without compensation, land for streets in accordance with a by-law under subsection (1).
  • (3) The approving officer may refuse to approve a subdivision plan if the approving officer is of the opinion that the cost to the city of providing or maintaining public utilities or other municipal works or services would be excessive.
  • (4) Where any provision of, or made under, the Land Title Act or any other Act with respect to the subdivision or resubdivision of real property, or the approval, acceptance, or refusal thereof, is inconsistent with any provision of a by-law passed pursuant to this section, the provision of the by-law shall prevail.
  • (5) Where, as a result of an expropriation that occurs after this section comes into force, a parcel of land that could have been subdivided into 2 or more parcels under a by-law in effect when the land expropriated was vested in the expropriating authority can no longer be subdivided into the same number of parcels, the parcel shall be deemed to conform to the applicable by-law for the purposes of the subdivision as though the expropriation had not occurred, but only to the extent that none of the parcels that would be created by the subdivision would be less than 90% of the area that would otherwise be permitted by the applicable by-law.
  • (6) Subsection (5) does not apply where the owner of the parcel being subdivided has received compensation that is directly attributable to the reduction in the market value of the land that results from the inability to subdivide the parcel in the manner that would have been permitted under the applicable by-law.

1953-55-292; 1965-68-24, 25; 1966-69-11; 1970-54-19; 1977-30-148, proclaimed effective September 30, 1977; 1978-25-332, proclaimed effective October 31, 1979; 1990-76-3; 1992-57-5; 1993-74-8; 1994-43-90; 1994-52-161; 1997-25-177; 2022-15-73, Sch. 1; 2023-16-22.