Chapter 19 : Municipal Law, Land Use, and Real Estate

- Registrants are required to understand municipal law issues like land use and planning as they affect real estate transactions.
- Municipal law regulates land use at the municipal level.

### Historical Context
- Tort law and restrictive covenants are early forms of common law for land control.
- Land is unique because its indestructible nature and fixed location mean communal governments regulate its use.

### Tort Law & Nuisance
- Tort law was an early land use control method, enforced by individual landowners.
- Private nuisance substantially interferes with a neighbor's property enjoyment.
- Public nuisance interferes with rights common to the general public, often addressed by government agencies.
- "Common nuisance" is a criminal offense under section 180 of the Criminal Code.

### Restrictive Covenants
- Restrictive covenants are contracts to restrict land use, binding on current and future owners.
- They create specific neighborhoods or prevent competition in commercial areas.

### Three Levels of Government
- Property regulations are imposed at the federal, provincial, and local level.
- The British North America Act (Constitution Act, 1867) created the federal/provincial governments, dividing law-making powers.
- Provincial governments were granted jurisdiction over private property matters.
- Provincial governments can delegate powers to local governments.
- Jurisdiction is a government's power to exercise authority over people and things in its territory.

### Federal Government
- The federal government has limited direct control over property use within provinces.
- It may regulate to carry out its other powers, like developing airports.
- The Department of Transport regulates building heights near airports.
- The Department of Fisheries regulates activities near rivers.
- Parks Canada controls waterways and land ownership in National Parks.
- The federal government has exclusive jurisdiction over its own lands, free from municipal zoning regulations.

### Provisional Government
- Provinces delegate land use regulation to municipal institutions, but maintain authority for uniformity and public policy.

### Municipal Government Framework
- Municipalities in Saskatchewan are grouped into southern and northern municipalities.
- The basic legislative framework for southern municipalities are composed of two statutes: The Cities Act, and The Municipalities Act.
- The purposes of a municipality are good government, services, safety, economic/social/environmental well-being, and public asset stewardship.
- Municipalities have the same powers as a natural person, unless limited by statute.
- Urban municipalities include cities, towns, villages, and resort villages. 
- Rural municipalities consist of northern towns, northern villages, and northern hamlets.
- Municipalities within the Northern Saskatchewan Administration District operate under The Northern Municipalities Act, 2010. 
- Unincorporated areas are administered by the Northern Municipal Services Branch.
- Elected municipal councils govern all municipalities and hire staff to manage daily operations/services.
- Various municipal statutes (e.g., The Cities Act, The Municipalities Act, and The Planning and Development Act, 2007) control land use.
- Municipalities govern community development by preparing official community/district plans.
- Zoning bylaws are used to establish land uses with standards and  permit requirements.
- Subdivision bylaws are also used.

### Rationale For Regulatory System
- Local governments adopt planning controls for construction safety and social concerns.
- Zoning, subdivision, and building bylaws are regulations encountered
- Bylaw is a law made by a local authority, sometimes called an ordinance.

### Public Health and Safety
- Land control's fundamental purpose protects public health/safety.
- Building codes, subdivision, and zoning regulations prevent fire, health hazards, and flooding.

### Protection of Property Values
- Land control prevents substandard development, maintaining or increasing property values.
- Zoning ensures land use compatibility, preventing value decrease.

### Efficiency, Convenience, and Appearance
- Zoning and subdivision ensure convenient, efficient community utility systems and services.
- Regulations include subdivision costs, commercial center encouragement, and landscaping standards.

### Conservation of Natural Resources
- Municipal and provincial governments conserve/protect natural resources.
- The Conservation and Development Act establishes conservation areas.
- The Conservation Easements Act creates conservation easements to protect ecosystems, enhance habits and conserve air/water.
- The Water Security Agency Act regulates water rights and land use near water.
- Bylaws protect greenspaces, ecosystems, habitats, and sensitive areas.

### Land Use Planning Process
-  Planning achieves a desired end.
-  Four-step process exists for land use planning, also know as urban/city planning for community residents.

### Step 1
- Goals and objectives identified via community planning Legislation.

### Step 2
- Statistical information is gathered on community trends relevant to the goals in step 1.

### Step 3
- Operational plans are prepared with citizen participation.

### Step 4
- Regulations are implements for  developers, real estate professionals and agencies to abide by.

### The Planning and Development Act, 2007 and Planning Districts
- The Act provides the legislative basis for determining land utilization in Saskatchewan, embracing community planning and it's authority to municipalities.
- The province divides into planning districts for entire municipalities or parts.
-  A minister order can establish a district after an agreement.
-  A district plan prepares for adoption, administrates and enforces bylaws in its own district. 
-  By bylaw, a council forms a municipal planning commission to give advise the community's planning .
- Municipalities use zoning control and development control for land use, combining them where possible to combine certainty and flexibility.
- Community planners focus on public health/safety/welfare, preventing land overcrowding, securing light/air/access and conserving value/property.

### SPI
- The Act authorizes adopting provincial land use policies and Statements of Provincial Interest.
- Districts /official community/regional plans and other bylaws must be consistent with these policies.
- The "Regulations" has Saskatchewan's SPI.
- A SPI identifies provincial interests to guide planning for safe communities and guides economically environmentally and culturally sustainable communities.
- SPI, links planning for sustainability, economic impact and growth via cooperative planning principles.
- Activities must be consistent with the SPI.
-  The province ensures this via approval of certain plans and the approval process.
- SPI, ensures planning should be comprehensive, sustainable, reponsive, balanced, respectful, innovative, and effiecent.
- SPI major topics cover agriculture, ecosystems, indigenous engagement, heritage, inter-municipal coordination, resources, safety, public works, recreation, residential development, and transportation.

### Agriculture and Value-Added Agribusinesses
- Province aids dynamic sustainable agriculture sector optimizing for growth.
- Planning is practical and recognizes sustainable agricultural growth, providing opportunities that consider land use impact.
Municipalities can identify non suitable areas and ensure permit requirements don't contridict provincial regulation.

### Official Community Plans (OCP)
- A minister can direct a council to prepare a OCP that maintains a policy framework to guide physical/social/cultural development. 
- OCP is required to identify sustainable, current land use for development, management or other municipal programs.
- It may contain a map of future  land to formulate future planning, policy or environmental/social/cultural goals.

### Zoning Bylaws
- Zoning bylaws are tools to implement OCP's.
- Zoning bylaws divide the municipality to regulate land use.
- Zoning bylaws' purpose is to control land.
- Key zoning bylaws' provisions are appropriate districts, permitted uses, a development officer for administration and a system for making changes.
- 5 parts are typically in a zoning bylaw, which are an introduction, interpretations, administration, land use regulations, and official map.
- Area and location or new lots, provision of dimensions an building types might all be considered.

### Land Use Districts
- Municipalities reflect land use with districts.
- Five broad categories are other, agricultural, industrial, commercial, and residential.
- Each land use classification has a zone, which are subdivided further.

### Zoning Bylaw Restrictions
- Common zoning bylaw restrictions include building caps and dimensions or setback for properties and height/density limits.
- Landscaping is regulated
- Signage is also regulated with size, design, and zoning

### Permitted Uses
- Permitted uses are allowed in zoning districts.
-  For example, a single-detached dwelling is can be in zone of similar residences.
-  Permission cannot be refused to a person who build such constructions.

### Discretionary Uses
- Within a zoning category, certain uses may be discretional
- It is approve by a municipality with certain conditions.
- This may be similar to  development control, but provides degree of certainty.

### Non-Conforming Uses
- When a new zonings are passed, a property might longer comply
-  It would become an process of "grandfathering".
- A change of land tenancy cannot affect the non confirming use of land, so long as the use has not been discontinued for long.
- Non performing uses cannot be moved or damage more than 75%

### Minor Variances
- Zoning authorize the procedure for variations. 
- A minor variance is like a property-specific relaxation if it follows the zoning bylaw on a minor scale,
- If the development follows provincial, it is permissible if it protects the welfare of property.

### Rezoning
- Changing zoning if properties are reassembled with a structure planned.
- Council is required to post intention to ammend zoning, and the  second must  hold a hearing
-  The counsel will record and hear and may adjourn.
- Ministerial review is required.

### Municipal Compliance Certificate
 - Certification that laws are followed such as structure heights.
 - There should be a record of historical inspection and work orders followed a building permit.
 - The building can only be certified for the use it has a permit for.

### Development Permits
- Approvals when construction is taking place.
- Regulations cover  access, dimensions, size location, impacts ,environment and utilities.
- A developer discusses the municipality requirements so it is not stopped with factors that cover infrastructure , services,and land.
- A reason or criteria should be provided.

### Subdivision
- Taking a piece of land and separating it into a boundaries.
- subdivision has requirements of land and may depend on area like schools and park
- Subdivision includes some examples of farms or the land behind a house where building a fence would be an encroachment.

### The Need for Subdivision Approval
- It conforms to land use.
- The method can include text and surveyed plans.
- A formal review ensures a set of planning principal and practices to improve certainty.
 - It is a right but not unlimited
-  It can have legal and physical effects.

### The Subdivision Process
- Review and approval comes via council of land in areas of Saskatchewan.
- Authority allows them to ask for application that include planned and copy.
- When the authority receives , they send a copy to other council and relevant agencies.
- 90 days are required with a potential of 30 more if appealed.
- An application must explain and options.

### Conclusion
- Municipal government greatly impacts transactions.
- An agent needs to be aware of regulations, acts and plan and variances and permits to help assist and know what property values are.