The RM of East St. Paul considers subdivision, rezoning, variation orders, and conditional use applications in accordance with provincial legislation, including The Planning Act and The Municipal Act.

Council’s role in the planning process is governed by legislation and municipal by-laws. While public input is an important part of the process, Council must make planning decisions based on planning principles, legislation, applicable by-laws, technical reviews, and the evidence presented through the formal public hearing process.


What is a Public Hearing

A public hearing is a formal meeting held under The Planning Act that allows:

• applicants to present their proposal;
• residents to ask questions or express support or opposition
• commenting agencies to provide technical feedback;
• and Council to hear all sides of an application before making a decision.

Public hearings are typically required for:

• Rezoning Applications;
• Conditional Use Applications;
• Variation Orders;
• Certain subdivisions;
• Secondary Plans; and
• Development Plans

Notice of public hearings is provided in accordance with The Planning Act.


Council's Role During a Public Hearing

When sitting as a Public Hearing body, Council acts in a quasi-judicial role.

This means Council members are required to:

• remain impartial;
• consider all submissions fairly;
• avoid pre-judging applications;
• and make decisions based on legislation, planning policy, technical information, and evidence presented during the hearing process.

Section 14(2) of the RM’s Procedure By-law states:

“Members sitting as a Public Hearing body under The Planning Act constitute an impartial body that must consider all sides of the matter in a public forum before making a decision. Contact with the public, including the applicant, outside of the Public Hearing on matters related to the application is not permitted.”

For this reason, members of Council generally do not publicly comment on active planning applications prior to a public hearing.


Rights of Property Owners

Under The Planning Act, property owners have the legal right to apply to:

• subdivide land;
• rezone land;
• apply for variances;
• or request conditional use approvals

The submission of an application does not guarantee approval. However, Council is required to consider properly submitted applications through the legislated process.

Council cannot refuse to consider a properly submitted application solely because it may be controversial or unpopular.


What Does Council Consider?

When reviewing planning applications, Council may consider:

• consistency with the Development Plan or Secondary Plan;
• compliance with the Zoning By-law;
• infrastructure and servicing capacity;
• drainage and traffic impacts;
• environmental considerations;
• compatibility with surrounding land uses;
• technical comments from agencies and consultants;
• and feedback received from residents

Planning decisions are not based solely on the number of objections or letters received.


What Can Be Appealed?

Certain planning decisions may be appealed to the Manitoba Municipal Board under The Planning Act.

Examples of matters that may be appealed include:

• Rezoning By-law Amendments;
• Certain Conditional Use decisions;
• Certain Variation decisions;
• Development Plan and Secondary Plan decisions;
• and some subdivision matters

Not all planning matters are appealable.

For example:

• subdivision approvals are generally not appealable by the public;
• some appeals may only be filed by the applicant;
• and certain matters require a minimum threshold of objections before being referred to the Municipal Board.

Appeal rights and procedures are established by provincial legislation.

Municipal Board Referrals

For certain zoning by-law amendments, The Planning Act requires the matter to be referred to the Municipal Board where a sufficient number of objections are received.

In these situations, the Municipal Board conducts an independent review process and hearing.

The Municipal Board may:

• uphold Council’s decision;
• amend the proposal;
• or reject the application.

The Municipal Board considers:

• provincial legislation;
• planning policy;
• technical evidence;
• public input;
• and whether Council acted reasonably within its authority.

The Municipal Board process is not a popularity vote. Decisions are based on planning evidence, legislation, and policy.

Who Can Object or Participate?

Residents are encouraged to participate in the public hearing process.

Under The Planning Act, any person may make representations at a public hearing.

However, for the purposes of certain Municipal Board appeal provisions and objection thresholds related to zoning by-laws, The Planning Act defines an “eligible person” as a person who would be eligible to vote in a municipal election under The Municipal Councils and School Boards Elections Act.

Generally, this means a person must:

• be at least 18 years of age; and
• meet the legislative requirements to vote in the municipality.

Requirements and appeal rights may vary depending on the type of planning application being considered.