Technical Review Committee

Technical Review Committee, M.R. 119/2011 The Planning Act , C.C.S.M. c. P80 Regulation 119/2011 Registered July 18, 2011 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Site assessment template 3 Site assessment report to be submitted 4 Coordinator to screen submissions 5 Soliciting public comment 6 Maintenance of register 7 Action re comments 8 Circulation of application to committee members 9 Distribution of report 10 Coming into force Definitions 1 The following definitions apply in this regulation. "applicant" means a person applying for the approval of a large-scale conditional use livestock operation, as provided for in Division 2 of Part 7 of The Planning Act . (« auteur d'une demande ») "coordinator" means the employee of the department whose employment responsibilities include acting as the coordinator for one or more Technical Review Committees. (« coordonnateur ») "department" means the department of government over which the minister presides and through which The Planning Act is administered. (« ministère ») Site assessment template 2 A Technical Review Committee must ensure that a template of the site assessment to be completed by an applicant is available (a) on a website maintained by the department; (b) from the coordinator; and (c) from each of the regional offices of the department. Site assessment report to be submitted 3 An applicant must submit a completed site assessment to the coordinator of the applicable Technical Review Committee. Coordinator to screen submissions 4 The coordinator must, after reviewing a site assessment that has been submitted, (a) make it available for public comment in accordance with section 5, if satisfied that it is complete; or (b) notify the applicant of the deficiencies in the form or content of the site assessment submitted, in any other case. Soliciting public comment 5(1) When satisfied that a site assessment is complete, the coordinator must (a) post a copy of it on a website maintained by the department; (b) forward a copy of it to (i) the applicable planning district or municipality, and (ii) any other department, branch or agency of the government who may have an interest in the application; and (c) publish notice of the following in one issue of a newspaper with a general circulation in the planning district or municipality, as determined by the coordinator: (i) that an application for the approval of an intensive livestock operation has been received, (ii) the location of the livestock operation, (iii) the website address and location of the office of the planning district or municipality where interested persons may view the applicant's completed site assessment, (iv) the information required under subsection (2). 5(2) When posting or forwarding a copy of a completed site assessment, the coordinator must include a notice that (a) the site assessment is being made available for the purpose of enabling persons and other affected parties to comment on the application; (b) after 30 days from the date the site assessment is posted or forwarded, the application may be dealt with by the Technical Review Committee, whether or not the comments have been received; and (c) a person or party wishing to do so may provide comments (i) in the manner indicated on the website, or (ii) in writing, by forwarding the comments to the address indicated in the notice. Maintenance of register 6 A coordinator may maintain a register of persons who request notice of applications being received. The coordinator may give notice, in the form he or she determines, to such a person each time an application is posted under clause 5(1)⁠(a). Action re comments 7 The coordinator must, if he or she is of the opinion that a comment received in respect of an application may be material to the findings and recommendations of the Technical Review Committee, (a) post a copy of the comment on the website that was used to post the site assessment; (b) forward a copy of the comment to the applicant; and (c) provide the applicant at least 14 days to provide any additional information that the applicant considers relevant. Circulation of application to committee members 8 The coordinator must circulate the applicant's completed site assessment and the public comments and applicant's response, if any, to the members of the Technical Review Committee after the expiry of (a) the period for public comments, as provided for under clause 5(2)⁠(b); and (b) if applicable, the period for the applicant to provide additional information, as provided for under clause 7(c). Distribution of report 9 After finalizing its report, a Technical Review Committee must ensure that the coordinator (a) forwards a copy of it to the applicant and the applicable planning district or municipality; and (b) posts a copy of it on the website that was used to post the site assessment. Coming into force 10 This regulation comes into force on January 1, 2012.