Manitoba bill eyes higher threshold for people fighting municipal zoning changes

The province has introduced new thresholds for municipal planning appeals, aimed at spurring more development.

To get a hearing at the Provincial Municipal Board, a minimum of 25 objections to zoning changes are required. New legislation would up that number to 300 in municipalities with more than 6,000 people.

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The province says the current threshold was making it difficult for local governments to speed up housing construction. Municipal Relations Minister Ian Bushie also said the board had a backlog.

"Being able to have folks to be able to be heard and not have a cumbersome process that's going to be taking months and months or years for that matter," said Bushie.

In municipalities with under 6,000 people, 100 objections or five per cent of the population would be required, whichever is greater.

The Association of Manitoba Municipalities said some rural governments are spending up to $150,000 on appeals. Executive Director Denys Volkov said that money could be better used for sidewalks and other services.

"Municipalities are now forced to spend that money on lawyers to defend decisions made by independently elected councillors," said Volkov.

However, there are concerns raising the bar will favour developers and make it harder for citizens to appeal projects they feel will adversely impact their neighbourhood.

Coun. John Orlikow said he doesn’t like the change.

"It's disingenuous to the public. I think they probably have a right to have their voice heard,” said Orlikow. “You don't want frivolous complaints, we haven't really had an issue in the past."

In 2022, council approved a 10-storey apartment complex in Charleswood, only to have the Municipal Board overturn the ruling.

Manitoba Home Builders’ Association President Lanny McInnes said the 25 threshold trigger was too low.

"It can't simply be 25 people who register online to say we don’t like this proposal. We don’t have any specific objections to it we just don’t like it," said McInnes.

McInnes said his members want other changes too. He said the Municipal Board should act as an appeal body, and not hold an entirely new hearing, as that is costly and time-consuming.

“Now there’s a whole new hearing with all the same information, all the same players, so we’re recommending that approach be changed.”