Caveats giving notice of development agreements must contain evidence that the development agreement was entered into in accordance with the relevant legislation. The following additional requirements must be complied with:
Caveator is the City of Winnipeg
1. In box 3 of the caveat, the caveator must select the following interest from the drop-down list: Development Agreement. The City of Winnipeg Charter.
2. The appropriate statutory authority must be selected in box 3.
3. Details of the constituting agreement must be set out in box 4.
4. The agreement must be between the City of Winnipeg and those parties who are the registered owners of the affected lands at the time the caveat is registered.
5. The agreement may require a specific statement that it “runs with the land”. Please use this expression in the agreement.
Caveator is a municipal government other than the City of Winnipeg
1. In box 3 of the caveat, the caveator must select the following interest from the drop-down list: Development Agreement. The Planning Act.
2. The appropriate statutory authority must be selected in box 3.
3. Details of the constituting agreement must be set out in box 4.
4. The agreement must be between the municipality and those parties who are the registered owners of the affected lands at the time the caveat is registered.
5. The actual development agreement or a copy of it, including all schedules, must be attached to the caveat.
6. The agreement must specifically state that it “runs with the land”. Please use this expression in the agreement, preferably in a prominent place.
7. Where the development agreement has been entered into as a condition of subdivision approval and the certificate of approval refers to an agreement of a specific date, the agreement attached to the caveat must bear that date.