CANADA Law and Practice Contributed by: Rachel V Hutton, Michael L Dyck, Mario Paura and Miguel Manzano, Stikeman Elliott LLP
4.2 Legislative and Governmental Controls Applicable to Design, Appearance and Method of Construction Municipal by-laws regulate nearly all aspects of land use, the nature of buildings thereon, and the size and intensity of development of land. Building permits are required for construction and for additions/alterations to buildings. Build - ing-permit fees are typically calculated based on the floor area of the proposed building or the value of the proposed construction, and the type and use of the building. Building by-laws, building-permit requirements and building-code standards govern the building materials, heat - ing and ventilation systems, electrical systems, sewerage and water systems, fire safety, access and inspection. The National Building Code of Canada has largely been adopted by the munici - palities of most provinces, resulting in a trend towards building regulation uniformity. Regula - tions may restrict redevelopment of a building having heritage value. For developments in spe - cialised urban areas, additional design approvals may also be required. 4.3 Regulatory Authorities Most provincial planning and zoning functions have been delegated to municipalities. Zon - ing and building by-laws designate geographic zones within the municipality and prescribe the uses allowed in each zone, limit density, dictate height and parcel size, and impose minimum building setbacks and parking requirements. 4.4 Obtaining Entitlements to Develop a New Project Development projects typically require applica - tions for subdivision, rezoning and development permits. Each municipality has differing eligibil - ity, procedural and documentary requirements for each category of development permissions, which range from applying and paying fees to
meeting with municipal committees or the pub - lic, submitting plans and seeking the approval of municipal councils. Third parties (particular - ly neighbours) may have the right to be given notice of the application and to participate at a public hearing. Certain developments may require consultation with affected indigenous peoples. While the Crown is constitutionally required to conduct such consultation, procedural aspects are often delegated to the proponent of the development. 4.5 Right of Appeal Against an Authority’s Decision The availability of a right of appeal in these mat - ters varies. In some provinces, such as Alberta and Ontario, the decision of a municipality may be appealed to a specialised tribunal. In others, such as British Columbia, there is no such tribu - nal and municipal council decisions are not sub - ject to judicial review on their merits (although they may be reviewable on formal grounds such as lack of jurisdiction, procedural fairness or natural justice). 4.6 Agreements With Local or Governmental Authorities Large-scale developments by private real estate developers will typically require agreements with the municipality, setting out the terms and condi - tions for the development to proceed, relating to the construction of public facilities, land dedica - tions, servicing commitments and financial obli - gations. 4.7 Enforcement of Restrictions on Development and Designated Use Provincial legislation generally provides for fines and penalties for contravention of applicable zoning and building by-laws. Municipalities may also take direct enforcement action against an
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