Bylaw C-810-12 was passed to identify a building known as the McLaughlin/Nelson House and the land it sits upon as a Municipal Historic Resource. At the time of the original bylaw's passing the lands were being subdivided to reflect the agreed parcel needed to accommodate the historic building, and this unsubdivided but intended parcel was identified on a map attached to the bylaw as Schedule A.
The Provincial Historic Resources Act requires a municipality to register any historic resource designation bylaw on the subject parcel's title, and during this registration process it was rejected at Land Titles due to its not having an "exact legal description".
In the time since Bylaw C-810-12 was originally passed, the subject parcel was registered as Lot 1, Block 1, Plan 132 4566. Making a revision to Bylaw C-810-12 to add the parcel's legal land description to its Schedule A would allow the Bylaw's registration in the manner intended by the original Bylaw. We advise that a revision to an existing bylaw is provided for under Section 63 of the MGA where it can be revised "without materially affecting the bylaw in principle or substance… to bring out more clearly what is considered to be the meaning of the bylaw or to improve the expression of the bylaw ". In so much as this proposed revision is to simply express the parcel's legal description in Schedule A (see Attachment A) to make it acceptable at Land Titles, the substance of what Council originally approved has not changed. This revision has been reviewed and certified by the Chief Administrative Officer as being prepared in accordance with MGA Section 63.
Bylaw C-810-12 was approved subsequent to a public hearing. The City's legal counsel has advised that a public hearing is not required by the MGA to revise the bylaw.