The right to register development agreements by way of caveat arises from and is constrained by the following legislative sections:
The City of Winnipeg
The City of Winnipeg has the authority to enter into development agreements in the following circumstances:
• As a condition of adopting or amending a zoning bylaw - subsection 240(1) of City of Winnipeg Charter
• As a condition of subdivision approval – subsection 259(1)(f) of City of Winnipeg Charter
• As a condition of approving a variance – subsection 248(1)(b) of City of Winnipeg Charter
Note: It is strongly recommended that development agreements with the City of Winnipeg contain a specific statement that the agreement runs with the land it affects. Though not in every case, the City of Winnipeg Charter does make the validity of certain of these agreements dependant on the inclusion of such a statement.
Municipal governments outside of the City of Winnipeg
Municipal governments outside the City of Winnipeg have the authority to enter into development agreements in the following circumstances:
• As a condition of amending a zoning bylaw - section 150 of The Planning Act
• As a condition of making a variance order - section 150 of The Planning Act
• As a condition of approving a conditional use - section 150 of The Planning Act
• As a condition of approving a conditional use for a livestock operation - section 107 and 116 of The Planning Act
• As a condition of subdivision approval – section 135 of The Planning Act
Note: Section 151(1) of The Planning Act specifies that development agreements must contain a specific statement that the agreement runs with the land it affects. That Act also requires that a copy of the actual agreement be attached to the caveat registered.