Section 52 Agreement

Under Section 52(3) of the Transportation Act, a Regional District zoning bylaw does not apply to a “controlled area” — which is defined as meaning land within an 800 metre radius of the intersection of any road with a controlled access highway (e.g. Highways 3, 3A, 5A, 97 & 97C) — unless:

a) the bylaw has been approved in writing by the minister or any person designated in writing by the minister before its adoption, or
b) the bylaw is in compliance with the terms of an agreement referred to in subsection (2) between the minister and the municipality or regional district.

At present, the Regional District ensures compliance with the requirements of Section 52(3) by seeking approval of the Minister of Transportation and Infrastructure, or their delegate, of the applicable zoning bylaw in accordance with sub-section (a).

It is being proposed, however, that the Regional District formally approach the Minister in order to enter into an agreement under Section 52(2) in order to streamline the adoption of zoning bylaws that affect lands within a "controlled area".

Regional District Board Consideration

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Christopher Garrish
Planning Manager