This consolidation is unofficial and is for reference only. For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations, or refer to the Royal Gazette Part II. Regulations are amended frequently. Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation. Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting. This electronic version is copyright © , Province of Nova Scotia, all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.
Minimum Planning Requirements Regulations
made under Section 229(4) of the
Halifax Regional Municipality Charter
S.N.S. 1998, c. 39
N.S. Reg. 138/2019 (effective December 3, 2019)
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.
1 These regulations may be cited as the Minimum Planning Requirements Regulations.
2 In these regulations,
“Charter” means the Halifax Regional Municipality Charter.
3 (1) Council must include policies in a municipal planning strategy on how it intends to review the municipal planning strategy and land-use by-law that implements the municipal planning strategy.
(2) A municipal planning strategy and its implementing land use by-law must be reviewed no later than 10 years after the later of the following dates:
(a) the date it was adopted;
(b) the date it was last reviewed;
(c) the effective date of these regulations.
(3) Where the Municipality has one or more secondary planning strategies, subsection (2) shall be satisfied if a municipal-wide municipal planning strategy and all the land use by-laws applicable in the Municipality are reviewed within the timelines provided in subsection (2).
(4) “Review” in relation to a municipal planning strategy, means the Municipality’s consideration of the content of a municipal planning strategy to determine if it should be amended or replaced to ensure that it meets the purposes outlined in Section 228 of the Charter and the minimum planning requirements.
4 In addition to the requirements prescribed in subsection 229(1) of the Act, a municipal planning strategy must contain all of the following:
(a) a discussion of the background and contextual information that informed the goals and objectives of the municipal planning strategy;
(b) a map of the lands within the Municipality that depicts the intended future uses of the lands as contemplated by the Municipality’s municipal planning strategy;
(c) statements of policy with respect to the lands subject to the municipal planning strategy in relation to all of the following:
(i) residential uses,
(ii) commercial and industrial uses,
(iii) institutional uses,
(iv) recreational facilities and public open spaces, and
(v) resource uses, where resources are present within a municipality;
(d) a statement of policy describing the procedures to be followed when reviewing a municipal planning strategy that must provide for public consultation and notice.
Matters subject to other enactment of Province
5 (1) A municipality may include in its municipal planning strategy statements of policy on land use relating to any of the matters set out in Sections 6 to 13 unless the matter is the subject of another enactment of the Province.
(2) Provided it is not prohibited by another enactment, statements of policy referred to in subsection (1) may be more stringent than another enactment.
6 A municipal planning strategy may include statements of policy on the use, content, development, and administration of the following:
(b) development agreements;
(c) comprehensive development districts;
(d) site-plan approval areas;
(e) incentive or bonus zoning;
(f) accepting and using cash-in-lieu of required parking;
(g) studies to be carried out before undertaking specified developments or developments in specified areas;
(h) staging development;
(i) non-conforming uses and structures;
(j) subdividing land; and
(k) regulation or prohibition of development in areas based on noise exposure forecast or noise exposure projections.
7 A municipal planning strategy may include statements of policy on engaging with provincial and federal departments, First Nations, and non-abutting municipalities.
8 A municipal planning strategy may include statements of policy on any of the following:
(a) municipal investment for public and private development and coordinating public programs relating to the economic, social and physical development of the municipality;
(b) eligibility criteria for establishing a commercial development district including all of the following:
(i) the percentage increase in the taxable assessed value of the eligible properties, as defined in subsection 92C(1) of the Charter, within the proposed commercial development district, and
(ii) the period over which the increase in the taxable assessed value of the properties occurs.
9 A municipal planning strategy may include statements of policy on any of the following:
(a) climate change mitigation and adaptation;
(b) protecting the natural environment and biodiversity;
(c) protecting the coast;
(d) protecting water supplies;
(e) identifying, preserving and protecting landscape features;
(f) stormwater management and erosion control;
(g) excavating or filling of land, the placement of fill or the removal of soil;
(h) identifying, protecting, using and developing any of the following:
(i) lands subject to flooding,
(ii) steep slopes,
(iii) lands susceptible to subsidence, erosion or other geological hazards, and [sic]
(iv) wetlands or other environmentally sensitive areas.
10 A municipal planning strategy may include statements of policy on any of the following:
(a) how social issues must be incorporated into decision making;
(b) promoting social well-being;
(c) housing opportunities for a range of social and economic needs and to support aging in place;
(d) promoting community food security;
(e) accessibility standards to help prevent and remove barriers that disable people;
(f) walkability; and [sic]
(g) healthy built environments.
11 A municipal planning strategy may include statements of policy on any of the following:
(a) protecting and using resource lands;
(b) infrastructure including municipal services and facilities and the means of recovering their cost;
(c) generating, using, and conserving energy;
(d) transportation services and networks including establishing transportation reserves; and [sic]
(e) home occupations and home-based businesses.
12 A municipal planning strategy may include statements of policy on any of the following:
(a) heritage property protection and heritage buildings;
(b) sites of cultural, historical or archeological interest; and [sic]
(c) other significant natural or human-made features.
13 A municipal planning strategy may include statements of policy on any of the following:
(a) public health and safety; and [sic]
(b) land use matters relating to the physical, economic or social environment of the Municipality not otherwise prescribed in these regulations.
Minimum Planning Requirements Regulations
N.S. Reg. 138/2019
Halifax Municipality Charter
Note: The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only.
The current consolidation of the Minimum Planning Requirements Regulations made under the Halifax Regional Municipality Charter includes all of the following regulations:
How in force
Part II Issue
Dec 3, 2019
date specified (in force date of S.N.S. 2018, c. 39)
Oct 11, 2019
The following regulations are not yet in force and are not included in the current consolidation:
How in force
Part II Issue
*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.
Amendments by Provision
ad. = added
am. = amended
fc. = fee change
ra. = reassigned
rep. = repealed
rs. = repealed and substituted
Note that changes to headings are not included in the above table.
Editorial Notes and Corrections
Repealed and Superseded
Note: Only regulations that are specifically repealed and replaced appear in this table. It may not reflect the entire history of regulations on this subject matter.