In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?
Strategic planning/zoning in Canada is undertaken primarily at the local level by municipal or regional governments. The authority for such local governance is derived from, and defined by, the laws of the province within which the property is located, and so can vary in both substance and procedure across provinces.
Generally, provincial legislative schemes empower or require local governments to enact local comprehensive planning and policy documents (variously called growth strategies, official plans, official community plans or development plans depending on the jurisdiction), which establish a broad policy framework and objectives to guide development in the local area. Such general and policy documents are usually implemented by detailed land use regulation such as zoning and subdivision by-laws, which have the force of law and directly impact the development rights of landowners.
While provincial governments have largely delegated their jurisdiction over land use and development control to local governments, provincial governments may directly exercise authority over land use in a number of matters such as agricultural land, riparian land, environmental protection, expropriations, heritage sites, highways and provincially significant projects.
Additionally, federal authorities exercise a level of land use control in the areas of navigable water, communications, certain aspects of environmental protection, and aeronautics, among other areas, which impact the use and development of private property.
Aboriginal lands in Canada are governed under land regimes that differ significantly from the provincial planning and zoning legislation and controls described in this chapter. The applicable controls and requirements for development on Aboriginal lands can only be determined on a case-by-case basis depending on the location and nature of the development.